THE POTENTIAL IMPACT OF THE CISG ON THE COMMON LAWS OF ENGLAND AND THE REPUBLIC OF IRELAND: A LEGAL ANACTATAXIS OR A TRIVIAL MATTER OF IMPLEMENTATION? THE LESSONS OF COMPARATIVE LAW

Abstract

This article is based on the speculative hypothesis that the United Kingdom (“UK”) as well as the Republic of Ireland (“Ireland”) will eventually implement the United Nations Convention on Contracts for the International Sale of Goods 1980 (“CISG 1980”) into their legal systems.   Out of the 25 member states of the European Union1 only 5 have yet to accede to the CISG 1980: Cyprus, the Republic of Ireland, Malta, Portugal and the United Kingdom; all of them are by and large common law systems with the exception of Portugal.  However, the article will focus on the British and Irish “non-compliance” with the CISG 1980 and the potential modifications that their trade law systems would have to face to come up to terms with a potential implementation of the CISG 1980. The analysis is by way of a comparison between the current common trade laws of England and Ireland with the CISG 1980 (and to a certain extent with the CISG compliant nations).2  This is followed by an analysis as to why the implementation of the CISG 1980 will amount to a legal anacatataxis3 rather than a mere triviality of implementation in these countries.