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Lloyd's Maritime and Commercial Law Quarterly

ACCOMMODATIONS OF THE LAW OF INTERNATIONAL TRADE

Dr. Stojan Cigoj

Professor of Civil and Private International Law, Law Faculty, University of Ljubljana, Yugoslavia.

The characteristic of the international trade law of our time is that its sources are numerous — besides the municipal laws and international conventions there exists and grows an autonomous law. There are various systems of standard contracts which are in fact an autonomous law: a law which is created by the parties, or their organisations. We may arrange the standard contracts into three groups. First, there are contract forms sponsored by the great trade associations, particularly in England (e.g., The London Corn Trade Association, The Incorporated Oil Seed Association, The London Oil and Tallow Trades Association have issued forms worded by buyers, The Institution of Electrical Engineers has issued forms worded by sellers). Secondly, there are standard conditions issued by the Council for Mutual Economic Aid which are used in Eastern Europe (General Conditions of Delivery of Goods between Organizations of the Member-Countries of the Council for Mutual Economic Aid, G. C. CMEA, 1968).
Thirdly, there is a group which seems to be very important for the future, the standard contracts (general conditions) issued under the auspices of the United Nations Economic Commission for Europe (ECE) and are intended to be used in Western and Eastern Europe. According to the report to the first ECE general conditions, it is said that the conditions were drafted to unify trade practices, and to facilitate the conduct and conclusion of negotiations for both parties by giving them a single text to refer to in place of innumerable general conditions of sale which differ from country to country.
Parallel with the autonomous law, the international conventions have made big steps towards the unification of the law of sale. The diplomatic conference on unification of the law governing the International Sale of Goods in 1964 has brought two conventions — the Convention Relating to a Uniform Law on the International Sale of Goods (with an annexe of uniform law on the international sale of goods) and the Convention Relating to a Uniform Law on the Formation of Contracts for the International Sale of Goods (with an annexe of the uniform law on the formation of contracts for the international sale of goods). Both conventions were signed at The Hague on July 1, 1964.
After that, the United Nations made an extremely important initiative for the development of international trade law. The United Nations Commission on International Trade Law (UNCITRAL) was established in 1966. The rules of international sales have been re-examined, together with general conditions, trade terms, etc. This material should lead to a supplemented international convention on the sale of goods. Special questions have been drafted

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