This event has been cancelled
The presentation explores the concept of trade usages, the attitude of developing states during the drafting process of the CISG to trade usages, and the extent to which the concerns of developing states in relation to trade usages have materialised. Namely, the delegates from the developed states were mostly in favour of enshrining the objective theory of trade usages in the CISG while the developing states were pushing for the subjective theory. In the end, a compromise was reached whereby both theories somehow ended up being reflected in Article 9 of the CISG. Still, many commentators opine that the objective theory ended up being the predominant one. The objective theory bestows upon trade usages a normative value even in the absence of the agreement of the parties to this end. In contrast, the subjective theory holds that trade usages are to be applicable to the parties' transaction only when the parties have agreed to them. The reason why the developing states (and also socialist states) were sceptical of the objective theory was because trade usages were mostly developed by traders from the industrialised world. Thus, there were concerns that the acceptance of the purely objective theory of trade usages would expose the traders from developing states to rules that could potentially place them in a disadvantageous position vis-a-vis traders from the developed countries. The main aim of my presentation is to explore the concept of trade usages in the context of the CISG as well as their practical application to see to what extent the concerns of the delegates from the developing states were justified.
Boris Praštalo joined Brunel Law School in 2022 as Lecturer in Commercial Law. Before that, he was Assistant Professor at the International University of Sarajevo (IUS), Faculty of Law (FLW) where he taught an array of courses, including Business Law, Commercial Law, Private International Law, Introduction to Law and Intellectual Property Law. Prior to joining IUS FLW, Boris taught and conducted research at Budapest Business School (BGE) under the auspices of the Global Teaching Fellowship Program (GTFP) set up by Central European University (CEU). In 2017, Boris was a Visiting Researcher at Cornell Law School where he conducted research under the mentorship of Professor John J. Barceló III. In 2016 he was the Vis Moot coach at CEU.
- Speaker
- Boris Prastalo
- Hosted by
- School of Law
- Venue
- Hybrid Event (On Campus Venue - A21)
- Contact
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Event is free and open to all. To register for the online event please email law-research@abdn.ac.uk