Law Wars: Australian Contract Law Reform vs CISG vs CESL

Abstract

This paper presents the current Australian as to whether or not to review its domestic contract law. It considers the background to the current discussion paper, and outlines the legal cultural landscape that awaits any proposed changes.

The paper then looks to the potential models for such a reform, should Australia decide to engage in a modernization and/or internationalisation program. In this light, it considers the framework of the CISG, UNIDROIT Principles of International Commercial Law, draft Common European Sales Law, and then discusses the potential impact of the Swiss Proposal on future work on harmonized international contract law.

Keywords: contract law, law reform, CISG, Vienna Sales Convention, Vienna Convention, Australia, CESL, Common European Sales Law, UNIDROIT Principles, Swiss Proposal

JEL Classification: K12