The applicability of CISG to E-commerce: Should there be a reform or new specific rules on e-commerce?

Description

The dissertation is in the area of International Trade Law focusing on the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in e-commerce contract. Further than whether the CISG is applicable or not (from what I have read I assume that it is somehow applicable to ecommere), I would like to analyse the problems/challenges/flaws/difficulties the existing rules have, regarding the application to e-commcerce and to recommend any possible solutions/law reform/amendment/new specific rules. The reason behind this topic is that CISG is the uniform law governing international contracts for the sale of goods which help eliminate legal barriers and promotes the expansion of transnational sale in international trade so it’s an important instrument governing trade worldwide. However, the problem is that this Convention was concluded (adopted in 1980; enter into force in 1988) many decades ago where advanced electronic communication technologies were not available. As such, there are no specific provisions in the Convention dealing with the issues that arise in e-commerce contracts while it is apparent that today’s business transaction heavily depends on e-commerce which is mostly operated through online website. If there is an international rules that could provide a workable solution for e-commerce transactions, it would be a noteworthy uniform set of rules for cross-border e-commerce contract for international sale of goods. The rough outline is attached — with some notes from the professor’s suggestions. I WILL DO THE INTRODUCTION MYSELF. I ask you to write part 2 onwards, i.e. literature review, analysis, discussion, case study, recommendation, conclusion, etc. Feel free to revise or add anything to the outline if you think it suits better but please at least cover what I have mentioned. Some CASE LAWS shall be included in order to analyse and provide better understanding on the issues. You can also add additional chapter or divide the existing one in to several chapters. If you have any suggestions or anything to discuss, please do not hesitate to contact me. Please note that this paper must be done in OSCOLA form so please do the citations(footnotes) and bibliography in this format.