CISG AND U.S.-MEXICAN TRADE
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This research paper deals with the relevance of the United Nations Convention on Contracts for the International Sale of Goods (CISG) to international trade relationships and practices between the United States and Mexico. CISG was intended to provide a common legal framework which would promote the development of international trade. Prior to the adoption of CISG and its ratification by the United States and Mexico, trade between the two countries lacked such a framework. The approach taken in this essay is to state the principal criticisms of CISG and to analyze their validity or invalidity in the context of the actual course of Mexican-American trade, including the case law under which CISG has been interpreted by various courts. The conclusions are: (1) CISG has played only a very marginal role in facilitating the great expansion of that trade which has occurred over the past decade, other factors being much more important; (2) there is a need for the development of common legal standards to govern that trade, notwithstanding the views of the critics of CISG; and (3) the case law is in much too embryonic a state to conclude whether or not CISG will fulfill its intended purposes. However, there clearly are some problems with how CISG has been interpreted by various national tribunals, which need to be resolved over time. CISG was the product of more than 50 years' work by legal experts working under the auspices of the Leag
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and importers, have found Mexico to be among the more difficult countries in the world in which to do business. Most of the serious impediments to Mexican-American trade would exist, whether or not CISG existed and remedies for them are basically a question of reforming the Mexican domestic legal system to make it more hospitable to foreign traders. There is first the problem of corruption, la mordida or little bite, bribes and kickbacks, which remains a major problem. Recent Mexican governments have done much to streamline export-import procedures and to allay the concerns of foreign exporters about the red tape, bureaucratic delays and lack of due process they often encounter there. Under Chapter 19 of NAFTA, the Mexican government accepted various procedural safeguards for the handling of customs related disputes. Nevertheless, they remain a problem. In 1994 UPS ceased operating in Mexico because it said it faced "a nightmare at Mexican customs locations, where packages must be opened up and searched."
Increased enforcement of Mexican dumping laws is another area of concern. Giesze says that the sum total of Mexican requirements in that area, expensive customs bonds, Mexican insistence on premature payment of customs duties
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Some common words found in the essay are:
United Mexico, Mexico CISG, Mexico Mexican, Battle Forms, Interpretation Concern, Defenders CISG, Berman Ladd, UNILEX American, Internationales Schiedsgericht, East Asia, international sale, international trade, mexican-american trade, common law, united nations, symposium 21 cornell, symposium 21, international 1988, convention international, cornell international, 21 cornell, cornell international 1988, contracts international sale, 21 cornell international, uniform commercial code,
Approximate Word count = 6313
Approximate Pages = 25 (250 words per page)
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