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Date of Award
Doctor of Juridical Science (SJD)
This dissertation will analyze how the CISG works as the governing law in international business contract disputes and how the CISG is applied to achieve globality goals. The basic structure of this dissertation is premeditated by an in-depth assessment of the current state of the research field of CISG.
Although many articles and books focus on the CISG, this dissertation follows a unique, novel structure. The dissertation begins by stating the current need for the CISG updated scholarships. Then, it delineates the CISG creation and application. After, it compares the CISG, Chinese Sales Law, and U.S. Sales Law. The dissertation then expands upon the practical use of the CISG application and opt-out, and finally, it closes with a summary and suggestions. Using this structure, readers begin with the latest statistics on international merchandise trade and then move on to the intricacies of CISG. This logical structure will help the reader understand this dissertation and leave them with a better understanding.
This dissertation is novel in that it compares the CISG, Chinese Sales Law, and U.S. Sales Law and the improvements of the CISG’s applicability and globality goal. There are not many pieces of scholarship on these two topics. Additionally, it helps understand how the COVID-19 outbreak impacted the global economy by decreasing the amount of international business transactions. However, the WTO statistics on merchandise show that both the merchandise trade volume and value have increased since the 4th quarter of 2020. 19 Those increases indicate that the international economy is recovering, and the increasing trend in international trade is overwhelming. Under such circumstances, the need to understand the CISG is imperative.
Lastly, this dissertation is sound, especially the summary and suggestions. The summary lists the reasons for the failure of the CISG applicability and globality goal, which is evident in business activities but usually ignored. The suggestions are practical. They are concrete steps to improve the current application problem.Y
Chair and Committee
Gerrit De Geest, Supervising Professor, Daniel Keating, Examining Professor, Wei Luo, Examining Professor
Nie, Yuqing, "A Comparison of the CISG, Chinese Sales Law, and U.S. Sales Law" (2022). School of Law Dissertations. 82.