Harmonisation of Transnational Commercial Law & International Sales Law Assignment Essay

Assignment Instructions for Writer (Please write Level 7 Master’s Essay)

Important: Please follow the structure below exactly. Each section must be written to the word count range and include the required focus points.

Essay Theme:

Harmonisation of Transnational Commercial Law & International Sales Law (The CISG)

Scenario / Question:

You are a legal advisor on a commercial law harmonisation project.

The essay must:

1. Critically analyse the CISG by showing its successes and failures.
2. Make recommendations on how reform of the CISG could promote cross-border trade.
3. Suggest practical strategies that businesses can use in international sales.

Requirements

• Length: 3,500 words (±10%; excluding footnotes and bibliography).
• Level: Level 7 Master’s (critical evaluation, expanded arguments, scholarly engagement).
• Referencing: OSCOLA style footnotes + bibliography (Primary and Secondary sources). (Attached OSCOLA Guide for you to Refer)

Main Focus of the Essay

• The central theme must always be Harmonisation.
• Show how harmonisation responds to globalisation.

• Show where harmonisation has succeeded, failed, and how it can be improved.

• Critically evaluate how far the CISG has succeeded or failed in achieving harmonisation.
• The Recommendations section is most important:
  – It must directly address the failures.
  – It must show how each recommendation would improve harmonisation in practice.
  – This section carries more marks and must be strong, detailed, and solution focused.

Structure & Word Count Guidance

1. Introduction (300–350 words, 2 short paragraphs)

• Define Globalisation and Harmonisation.
• Explain why harmonisation is required.
• State clearly: The essay focuses on Harmonisation, with the CISG as the link between globalisation and law.

2. Globalisation and Its Benefits (400–500 words)

• Define globalisation.
• Benefits: wider markets, efficiency, supply chains, technology sharing, consumer choice.
• Link to the need for harmonised law.

3. Harmonisation & Rationale (500–600 words)

• Harmonisation vs unification.
• Why harmonisation matters: certainty, predictability, reduced risk, lower costs.
• Broader implications: sovereignty, legitimacy, inclusivity.
• CISG as the main hard-law instrument of harmonisation.

4. Successes of the CISG (700–800 words)

• Expanded arguments: wide ratification, neutrality, party autonomy (Art. 6), trade usages (Art. 9).
• Case law (issue + decision only): Delchi Carrier (Art. 74 damages), Filanto (Art. 18), CLOUT case(s).
• Hard law strengths: enforceability, predictability.
• Scholars: Schwenzer, Ferrari, Goode

5. Failures of the CISG (800–900 words)

• Expanded arguments:
• Limited scope (Arts. 2 & 4).

• Divergent interpretations (Art. 25 vs Art. 7).
• Non-ratification (UK, India, South Africa).
• Vague drafting (“reasonable time”).
• Low awareness (ICC survey).
• Lex Mercatoria issue: used to fill gaps, but weakens uniformity and undermines harmonisation.

6. Recommendations (700–800 words, most important section)

• Every recommendation must directly address a failure.
• Scope gaps → expand CISG / use PICC.
• Divergent interpretations → UNCITRAL commentary, stronger CLOUT, judicial training.
• Non-ratification → outreach to UK, India, South Africa.
• Vagueness → clarifications, PICC as interpretive aid.
• Awareness → legal training, law schools, practitioner education.
• Lex Mercatoria → controlled use as soft-law supplement; UNCITRAL/arbitral guidelines; promote hybrid model (CISG + soft law).
• Practical business strategies: opt-in/opt-out clauses, INCOTERMS, arbitration, hardship clauses.
• Main focus: show how these reforms/recommendations would improve harmonisation.

7. Conclusion (250–300 words)

• Summarise successes, failures, and recommendations.
• Reaffirm harmonisation as the key theme.
• Close with strong evaluation: CISG shows harmonisation is possible, but a hybrid model is the way forward.

Checklist for Writer

•  Follow the structure above exactly.
•  Main focus = Harmonisation throughout.
• Successes & Failures = expanded arguments.
• Soft law (PICC, PECL, Lex Mercatoria) = discussed in Failures and Recommendations.
• Recommendations = strongest section; each linked to a failure; show how reforms strengthen harmonisation.
• Use case law (issue + decision).
• OSCOLA footnotes + Bibliography.
• Word count ≈ 3,500 words. (±10%; excluding footnotes and bibliography)

Supporting Materials – Attached for you to reference

Lecture Notes: Contain key concepts, themes, and lecturer expectations → the essay must reflect these directly.

• Sample Essays: Provided as examples of the style, depth, and structure expected. Writer must follow the same Level 7 analytical approach.
• These materials must be read carefully to:
  – Match the academic standard expected by the lecturer.
  – Ensure all required themes (Globalisation, Harmonisation, CISG, Soft Law, Recommendations) are addressed.
  – Avoid unnecessary facts/background — focus on critical analysis, as seen in the samples.

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