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The Canadian Odyssey of CISG: Dating 'Cindrella' - Promises for Future Commercial Intercourse
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The CISG though embraced by 80 counties in the World is yet to blossom into full bloom. It has charted dissimilar judicial trajectories in member states. The Canadian experience though exciting in its reception and treatment of CISG leaves much to be demanded. The paper has three parts. It explores the empirical facts in Part I as far as its treatment geographically and judicially is concerned , Part -II examines the challenges and 'odyssey' that CISG faced in the hands of various judicial fora at both Federal and Provincial levels in Canada. It enlightens on the methodology and approach to CISG cases in Canada, and promises or otherwise that for Canadian commercial transactions. Part III draws a 'balance-sheet' of CISG in all aspects as far as they are relevant for Canada. Part IV, the last segment also highlights inherent structural weaknesses in CISG, poor jurisprudence and practical factors that might keep away the members states from constructive and fruitful adoption of CISG. Nonetheless, the history of statutes have gone the same trial and tribulations before maturing into full activity and verve. Complete de facto harmonization of CISG may therefore take some time, till all the stakeholders consciously participate in according receptive currency to it.
Title: The Canadian Odyssey of CISG: Dating 'Cindrella' - Promises for Future Commercial Intercourse
Description:
The CISG though embraced by 80 counties in the World is yet to blossom into full bloom.
It has charted dissimilar judicial trajectories in member states.
The Canadian experience though exciting in its reception and treatment of CISG leaves much to be demanded.
The paper has three parts.
It explores the empirical facts in Part I as far as its treatment geographically and judicially is concerned , Part -II examines the challenges and 'odyssey' that CISG faced in the hands of various judicial fora at both Federal and Provincial levels in Canada.
It enlightens on the methodology and approach to CISG cases in Canada, and promises or otherwise that for Canadian commercial transactions.
Part III draws a 'balance-sheet' of CISG in all aspects as far as they are relevant for Canada.
Part IV, the last segment also highlights inherent structural weaknesses in CISG, poor jurisprudence and practical factors that might keep away the members states from constructive and fruitful adoption of CISG.
Nonetheless, the history of statutes have gone the same trial and tribulations before maturing into full activity and verve.
Complete de facto harmonization of CISG may therefore take some time, till all the stakeholders consciously participate in according receptive currency to it.
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