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Haining, Kristy --- "International Sales Law" [2008] MqJlBLaw 18; (2008) 5 Macquarie Journal of Business Law 393

BOOK REVIEW

Schwenzer, I. & Fountoulakis, C. (eds), International Sales Law, (2007), Routledge-Cavendish, New York

Introduction

The United Nations Convention on Contracts for the International Sale of Goods^[1] is becoming ever-increasingly important considering the globalisation of the economy and the extensive import and export markets of countries all over the world. It is important that persons trading across national borders have an understanding of the text and effect of the CISG as it has become part of domestic law in over 60 countries. Of all the major trading nations England is the only country which has not yet ratified the CIDG or is not in the process of doing so like Japan. It has become so important that the CISG has sparked much discussion and debate regarding its provisions. Upon reviewing the book, International Sales Law, collated by Ingeborg Schwenzer and Christiana Fountoulakis, it is apparent that the objective behind this text is to provide a comprehensive explanation of the CISG^[2], and the current state of jurisprudence and academic writing. The text achieves its objective. Overall, this is an excellent text for a one-stop reference point for all your CISG needs.

CISG in a Nutshell

The text is a convenient reference point for students, early career researches and professional due to its structure and careful collation of not only cases but also academic writings. Schwenzer and Fountoulakis have segregated the CISG into its respective articles and provide an analysis of each article assisted by providing cases law and other published texts. This book has the same value that other casebooks have, in that it provides the facts and decision of various courts and tribunals from all over the world. This is a fantastic utility for students and professional alike who are studying or having to apply international sales law.

However, it is not just the case summaries that make this book a great study tool. The other remarkable aspect of this text is the not only practical, but also conceptual comparative analysis of the CISG from the point of view of other domestic laws as well. For example, under Article 35 of the CISG, lack of conformity ‘includes discrepancies in quality, quantity, delivery of an aliud and packaging defects’.^[3] Schwenzer and Fountoulakis then proceed to explain that in many domestic legal systems - by drawing upon the different distinctions – regard the lack of conformity in a different way than it is recognised by the CISG. It is also pointed out that because of the difference the outcome is not the same either. Such an international comparison with domestic law regimes is carried out for a majority of the articles and provides excellent insight into the differing characteristics of the CISG.

Schwenzer and Fountoulakis have also included review questions after each article, to enhance the educational experience of the text. These questions test not only the student’s understanding of the CISG, but allow for independent thought and classroom discussion and debate.

Importance of the CISG Convention Debates

Schwenzer and Fountoulakis utilise the Convention Debates for very few articles thus, the only suggestion for improving the text is broadening the use of the CISG Convention debates. The Convention debates provide the very background to the CISG and its meaning and purpose. The Debates would assist students’ understanding of why certain academic debate exists, such as the one that exists as to recognition of good faith under the CISG. Providing excerpts from the Convention debates would provide students with a context in which to understand and interpret the CISG and possibly develop individual ideas with respect to the meaning and or operation of the CISG specifically considering that the authors work on comparative explanations within the global system of laws.

Conclusion

This text is an excellent reference point for those delving into the CISG for the first time. Ingeborg Schwenzer and Christiana Fountoulakis have made this a light read; even difficult concepts, such as the requirements for making out a successful claim under Article 35 of the CISG are made clear and understandable. International Sales Law is an ideal study mate for understanding the CISG.

Kristy Haining

Research Assistant to Dr. Bruno Zeller

Associate Professor

Victoria University

^[1] Hereafter referred to as the “CISG”.

^[2] Schwenzer, I. & Fountoulakis, C., International Sales Law, (2007), v.

^[3] Schwenzer, I. & Fountoulakis, C., International Sales Law, (2007), 237.