International Trade Law

INTERNATIONAL TRADE LAW

OCTOBER 1, 2012.

The CIGS was created in Vienna in the year 1980 with delegates from 62 countries representing all continents of the world. The CIGS has been increased this year by 16 states.
The main objective of this Convention is to get to the mutual benefit and equality among the Several States which ratify it. The CIGS is important for achieving uniform rulesfor the International Sale of Goods and so remove legal barriers in international trade and promote its development.
The CIGS does not apply to any sale, is mainly used for transnational sales transactions such us finance, insurance and transport. Like any contract of sale, transnational sales are subject to a number of risks therefore, international sales contracts also have a legal framework toregulate such sales, are regulated by laws as Customs law, Transport law, Insurance law, Tax law, Competition law, among others. Also, the international sales contracts comply with the rules for example, of Private international law, international business law, public international law, commercial law. The process of International Sales Contract consists of a contracting party, a law applied tothis type of contract and the related sales law.
The principles of European Contract Law. (PECL)
This is a law that applies as general rules of contract law in the European Union. There are a number of principles that applied when the parties have agreed that their contract is to be governed by “general principles of law”, the “lex mercatoria” or the like. These principles can give a solution tothe issue raised where the system or rules of law applicable do not do so.
Principles of International Commercial Contracts. (UPICC)
These principles sea forth general rules for international commercial contracts, also they may serve as a model for national and international legislator.

Structure of international sales contracts.
* Types of legal norms regulating the contract.

Contractscan be regulated by different types of norms;
1. Tailored contractual norms; such rules depend on the context in which the contract is concluded. To apply these rules we will consider whether the contract is held in national or international scope and the type of agreement that is held and the subject of the same. For example; European law, international commercial law and humans rights law,ORDRE PUBLIC.
2. Standard contractual norms; Examples of standard form contracts are insurance policies (where the insurer decides what it will and will not insure, and the language of the contract) and contracts with government agencies (where certain clauses must be included by law or regulation).
3. Mandatory legal norms; In this case, it is the private law in general, and contract lawin particular. According to the law, jurisprudence is characterized by a provider of default rules and mandatory.
4. Optional default legal norms; There is the possibility that contracts governed by the appropriate clauses depending on the type of property that is hired. We can say that they are individual standards for each of the contracts. For example, established usages and/or practicesbetween the parties.

Mainly, the importance of creating the “United Nations Convention on contract for the International Sale of Goods (CISG)” lies in the need for a common international law. Another reason is the need to promote a uniform law for international application, ensuring good faith in international trade, along with the need for lower transaction costs.
CISG sphere of application.Basically the CISG applies according to PIL-statutes, when the parties are States Contracting States or when private international law so provides (excluding Article 95 reserves). Also, when the parties agree to the application of the CISG and in cases where the arbitration tribunal considers it appropriate.
There are exceptions in the application of the CISG, most notably United Kingdom,...