The article does not analyse the ratification process from the perspective of international organizations but does so from the domestic political perspective. 5 Rather, the key focus is on understanding the domestic political barriers to ratification through an examination of agenda setting in public policy. The focus is not on the legal need for a new contract law convention nor on whether conventions are the best method for legal harmonization. This article focuses on the key political barriers that arise during the ratification of international commercial law conventions. While there might be important legal reasons to create a convention, there is little point in pursuing this issue if the project is not politically viable. 4 Therefore, while a new convention is currently not being pursued, it remains important to understand the viability of a new instrument as this issue is likely to come up again. 3 UNCITRAL also invoked the large number of resources that such a project would require and that the political feasibility was questionable. UNCITRAL responded that the gaps in the CISG exist mainly because States could not agree on more precise provisions and there is no evidence that States are now more likely to agree. In its proposal, the Swiss government recommended an analysis of the existing legal framework and a feasibility study into potential future work, such as a new convention or a model law. 1 Central to this is the concern that the CISG does not adequately address all needs for international contracting as it is limited to the sale of goods and does not cover certain key contractual issues, such as validity. ![]() In 2012, Switzerland suggested that the United Nations Commission on International Trade Law (UNCITRAL) examine the current transnational legal framework for international contracts, notably the Convention on Contracts for the International Sale of Goods (CISG). Introduction: the ratification of commercial law conventions The importance of this article lies in understanding the political barriers in the ratification of international commercial law conventions. The main conclusions highlight the importance of raising the visibility of commercial law conventions through lobbying by key stakeholders, including trade associations, formulating agencies, and businesses. While this article is written in the context of the aforementioned proposal, the analysis has broader applicability to the ratification process of international commercial law conventions. It concentrates on agenda setting and the key actors and analyses the main barriers encountered during ratification. It analyses the main considerations that play a part in the ratification process of international commercial law conventions. This article focuses on the latter question. This is not just with regard to the legal and commercial need of a new convention but also regarding the political viability of such a project. While UNCITRAL decided not to pursue this further, the questions that Switzerland raised remain pertinent. ![]() ![]() In 2012, Switzerland proposed to the United Nations Commission on International Trade Law (UNCITRAL) to evaluate the CISG and assess whether there was need for a new convention. The Convention for the International Sale of Goods (CISG) is almost 40 years old. This article analyses the ratification of international commercial law conventions.
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