Harmonising or unifying the law applicable to international sales contracts between the BRICS states
Authors Marlene Wethmar-Lemmer
Affiliations: Associate Professor, Department of Jurisprudence, University of South Africa
Source: Comparative and International Law Journal of Southern Africa, The, Volume 50 Issue 3, p. 372 – 394
This article seeks to investigate the harmonisation of international sales law between the BRICS states in order to foster successful trade and investment relations within this trading bloc. It is postulated that the United Nations Convention on Contracts for the International Sale of Goods (CISG) offers a good starting point for the harmonisation of substantive sales laws among the BRICS states—especially in light of the fact that three of these states are already CISG contracting states. However, harmonisation of substantive sales laws does not supersede the need to refer to the rules of private international law. Therefore, rules relating to choice of law also need to be harmonised within the BRICS grouping.