The CISG in Australia - The Jigsaw Puzzle That Doesn't Quite Fit

Abstract

This paper considers the largely neglected but important issue of coherence between the CISG and the balance of Australian domestic law. In some respects, this boundary is clear and works well. In other respects, the boundary is fraught with inconsistencies and difficulty.

Part II establishes the context for this paper through an analysis of the CISG's dual character as both international and domestic law. In Part III, the role that Australian domestic law plays in supplementing the CISG is discussed, with the law of agency and the law relating to the limitation of actions being used as examples. Finally, in Part IV, selected tensions in the interface between the CISG and Australian domestic law are explored with particular attention being given to the passage of property, the characterisation of software and the treatment of consumer contracts. It is concluded that despite the CISG's long-standing place in the Australian statute books, attention can usefully be given to the way in which the balance of Australian domestic law interfaces with the CISG - so that these two puzzle pieces can be brought together and the jigsaw puzzle rendered whole.

Keywords: international sale of goods, domestic law, international law, private international law, agency, limitation of actions, property, software, consumer contracts