Abstract
There is still a huge debate on business policy in Indonesia pertaining the fact that the Government of Indonesia is still reluctance to ratify one of the important conventions for the business world namely CISG (Convention on Contracts for the International Sale of Goods). This paper attempts to discuss the issues which will deliver inter-disciplinary areas such as law, economics, and public policy. By analyzing this matter with a comprehensive measure, it will ensure an appropriate understanding and thus create more precise analysis to serve a contribution in suggesting solve-problem. Despite having its particular point of view, the author based and used other scholar`s arguments to compare and present the debate towards current business circumstance on practice, policy, and relevant regulations. The finding of this paper is either the current condition of business practice or global pressure are inadequate to force the immediate urgency to ratify the CISG. While the last option comes from the political will of government, the author believes that the government should seek to ratify the CISG in a convenient timing rather than alter the National Civil Code.
Highlights
The broad acceptance of the United Nation Convention on Contracts for the International Sale of Goods1 is genuinely thrilling.2 To date, 85 states have become members of this convention, and this huge number includes 8 out of the 10 biggest countries in the global economy; this list excludes the United Kingdom and India.3 Many academics, especially legal scholars, seek to encourage all countries to join the CISG framework by delineating its role in standardizing international sales laws worldwide
While the last option depends on the political will of government, the author believes that the government should seek to ratify the CISG at a convenient time rather than alter the National Civil Code
This study aims to gain a deeper understanding of the factors that influence Indonesia’s decision regarding ratification of the convention and the steps that Indonesia must undertake to ratify the CISG
Summary
The broad acceptance of the United Nation Convention on Contracts for the International Sale of Goods (hereinafter, the “CISG”) is genuinely thrilling. To date, 85 states have become members of this convention, and this huge number includes 8 out of the 10 biggest countries in the global economy; this list excludes the United Kingdom and India. Many academics, especially legal scholars, seek to encourage all countries to join the CISG framework by delineating its role in standardizing international sales laws worldwide. Especially legal scholars, seek to encourage all countries to join the CISG framework by delineating its role in standardizing international sales laws worldwide. Countries still reluctant to ratify the CISG have been criticized in literature, such as Schwenzer and Hachem’s work.. This study aims to deliver a broader perspective on how a convention, like the CISG, can be ratified by a country. This study aims to gain a deeper understanding of the factors that influence Indonesia’s decision regarding ratification of the convention and the steps that Indonesia must undertake to ratify the CISG. The first chapter discusses the factors that influence the decision to ratify the CISG from three prominent perspectives: global influence, real business practices, and the political will of a state. The main considerations and recommendations regarding the ratification of the CISG are discussed
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