Today, unifying of business laws on a transnational level has
become an essential necessity rather than a mere objective when due
regard is given to the immense growth in the international business
transactions, with players spread all around the world. Just to
illustrate the enormity of the increase in the volume of
international dealings; one may take Turkey as an example where the
statistics reveal that the volume of foreign trade has grown
significantly over the last decades. Such that, the amount of
foreign trade which was only around $ 137.5 Million USD1
in 1923 has grown into almost $ 11 Billion USD2 in 1980.
Said number had continued to vastly escalate; adding up to around $
35 Billion USD3 in 1990 and to almost $ 400 Billion
USD4 in 20145.The numbers expose the truth:
the world of business has never been as rapidly-growing and
international as it is today. Hence, it was questionable, whether
or not; the laws have been able to catch up with that speed and
Indeed in the 19th century, the present conflict of laws methods
were inadequate to tackle complex issues born out of international
sale of goods contracts. Additionally, large number of national
systems, at that time, presented obsoleteness, incompleteness and
inadequacy to address international business dealings, as they were
designed to govern pre-industrial economy and not the "new
emerging economy and commercial traffic based on the sale of
complex manufactured industrial goods that needed to be transported
to distant places, that resort to also to ancillary transactions
such as financing payment arrangements, insurance, transport
contracts and guarantees".6
When the dramatic change between the business yesterday and the
business today is taken into consideration, it is clearly seen that
each step taken towards achieving a unified codification on the
international business law is of paramount importance in terms of
providing parties a neutral, familiar and most importantly
efficient legal infrastructure where they can safely carry out
their transactions. In such a legal environment, business people
can find the opportunity to focus on the business itself, instead
of losing unnecessary amount of time trying to find an effective
legal framework according to which both parties can feel confident
to do business. Exactly this goal in mind, the CISG was put in
Today the CISG enjoys a significant amount of recognition and
success. According to the World Trade Organization (hereinafter
"WTO") statistics8, the world's top six
merchandise trader countries; USA, China, Germany, Japan, France
and Netherlands, are all Signatories to the CISG; together with 77
other nations including Turkey9; which embodies over two
thirds of international trade in goods, representing a significant
economic, geographic and cultural diversity.10
10.FLECHTNER, H., United Nations Convention on
Contracts for the International Sale of Goods, United Nations
Audiovisual Library of International Law, 2009. Retrieved on
11 October 2015 from: http://legal.un.org/avl/pdf/ha/ccisg/ccisg_e.pdf
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