Understanding the Non-adoption of the United Nations Convention on Contracts for International Sale of Goods in Nigeria

Abstract

Globalisation has created new market opportunities for Nigerian traders, resulting in the growth of international trade in Nigeria. However, the opportunity of a wider market and a broader range of goods, means that Nigerian traders have to grapple with the complexities and transaction costs of foreign laws of different jurisdictions, which are a hindrance to trade.
Given the above, there is a need for a uniform framework capable of regulating international trade transactions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is capable of resolving such conflicts and reducing transaction costs. However, the CISG has not been adopted in Nigeria.
In light of this, the thesis considers the reasons for the non-adoption of the CISG in Nigeria. The thesis evaluates the Convention to determine if it is successful based on established criteria. Using the legal transplant theories, the thesis draws up a typology to determine whether the CISG can be considered a successful transplant in Germany and U.S. where it has been adopted. The thesis then examines the possibility, and effects of transplanting the Convention into Nigeria. The thesis also measures the level of awareness of the CISG in Nigeria and the disposition of the key legal actors towards the Convention, which serves as a determinant of adaptability and receptivity of the CISG in Nigeria, where it is adopted.
The thesis adopts a doctrinal approach, historical, socio-legal and comparative research methodologies in undertaking the research.