Research proposal
Topic: - International Sales Law on CIF Contracts
TABLE OF CONTENTS
Research on International Sales Law in CIF Contracts examines, via the use of the CIF Incoterm, the legal framework controlling international transactions (Goh, 2023). The rights and responsibilities of buyers and sellers, risk transfer locations, insurance needs, and adherence to international agreements such as the UN CISG are all examined in this research.
The purpose of this study is to clarify the nuances of CIF contracts in relation to international sales law. The paper aims to provide clarification on risk distribution, insurance duties, and dispute resolution processes by analyzing the legal dynamics of the CIF Incoterm (Sentosa and Badriyah, 2023). It offers a thorough study to help companies, attorneys, and legislators navigate the complexity of global commerce and promote safer and more efficient international transactions.
This research aims to elucidate CIF contract intricacies, clarifying risk, insurance, and dispute resolution aspects for enhanced international trade comprehension.
· To Analyze the legal framework of CIF contracts in International Sales Law.
· To Examine the risk transfer points and obligations of buyers and sellers.
· To Evaluate insurance requirements and their impact on international transactions.
· To Investigate compliance with international conventions, particularly the UN CISG.
· How do CIF contracts allocate risk between buyers and sellers in international sales?
· What are the key insurance requirements and their implications in CIF transactions?
· How do international conventions, particularly the UN CISG, impact the enforcement of CIF contracts?
· What ambiguities and challenges exist in defining risk transfer points and obligations under CIF terms?
Clarifying insurance regulations and their practical ramifications; analyzing the efficacy of dispute resolution systems; reviewing the influence of international conventions on contract enforcement; and comprehending ambiguity in risk transfer points and duties (Mihalache and Tatar, 2022). The dependability and effectiveness of CIF transactions in international commerce will increase with the resolution of these issues.
The literature on CIF contracts and international sales law emphasises how important standard terminology like CIF is for controlling cross-border transactions (Saidov, 2019). Academics have studied how risk is distributed, highlighting how important the CIF Incoterm is in defining the roles that buyers and sellers have. According to Bouabbas, (2022), insurance provisions in CIF contracts have been carefully examined, with particular attention paid to the nuances of coverage and how they affect the parties concerned. Studies also explore how international conventions—most notably the UN CISG—affect the understanding and implementation of CIF agreements. A review of dispute resolution procedures has been conducted, as well as an investigation of ambiguities and difficulties in establishing risk transfer points (Karibi-Botoye, et al., 2021). Together, these studies add to a thorough knowledge of CIF contracts by highlighting both their advantages and areas in need of improvement to promote safe and effective global commerce.
This study uses an interpretivist research philosophy and an inductive method to try to comprehend the intricacies of CIF contracts in the context of international sales law. The study approach makes use of thematic analysis, which focuses on finding themes and patterns in secondary data sources that already exist (Asenahabi, 2019). The use of qualitative research methodology enables a comprehensive investigation of academic publications, legal documents, and established frameworks pertaining to contracts for internal use. International trade agreements, scholarly publications, and legal documents are examples of secondary sources that are used in data collecting (Lochmiller, 2021). Using a secondary qualitative methodology, the study uses theme analysis to draw important conclusions and trends from the gathered data. The appropriate use of already-existing material is ensured by correct citation and attribution of sources, which is the primary focus of ethical issues. This methodological approach, which is based on a qualitative and interpretative research paradigm, attempts to provide important insights into the intricacies of CIF contracts.
An in-depth grasp of CIF contracts in International Sales Law is anticipated because of this study, providing insights into international norms, risk distribution, and insurance consequences. It seeks to provide useful advice to parties taking part in cross-border transactions under CIF rules.
Asenahabi, B.M., 2019. Basics of research design: A guide to selecting appropriate research design. International Journal of Contemporary Applied Researches, 6(5), pp.76-89. http://ijcar.net/assets/pdf/Vol6-No5-May2019/07.-Basics-of-Research-Design-A-Guide-to-selecting-appropriate-research-design.pdf
Bouabbas, D.A.J., 2022. The Liability of the Loss of Goods in the Sale Contract CIF and FOB Under Kuwaiti and UAE Laws: A Comparative Study with the United Nations Convention on contracts for the International Sale of Goods. UAEU Law Journal, 2022(92), p.6. https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2022/iss92/6/
Goh, A.D., 2023. Comparative Law on the Contract of the International Sales of Goods. Annals Dunarea Jos Univ. Galati: Legal Sciences, Fascicle, 6, p.XXVI. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/anlsodad6§ion=28
Karibi-Botoye, N., Enwukwe, N.E. and Timothy, B.B., 2021. The Passing of Risk in the International Sale of Goods: An Appraisal of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Journal of Law and Policy, 1(2). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3851515
Lochmiller, C.R., 2021. Conducting thematic analysis with qualitative data. The Qualitative Report, 26(6), pp.2029-2044. https://pdfs.semanticscholar.org/e8eb/90dd8b21ae34045c78287df44956bffaf66d.pdf
Mihalache, I. and Tatar, O., 2022. Significance and role of trading customs in international trade and in the regulation of international agreements. Legea şi Viaţa, 369(9-10), pp.45-54. https://www.ceeol.com/search/article-detail?id=1092722
Saidov, D., 2019. Trade usages in international sales law. Research handbook on the international and comparative law of sale of goods. https://www.qmul.ac.uk/unidroit-itcl/media/ccls/docs/research/tclr-2-trade-usages-in-international-sales-law.pdf
Sentosa, M.A. and Badriyah, S.M., 2023. Good Faith Principles in International Business Contract Law. International Journal of Law and Politics Studies, 5(2), pp.27-33. https://www.al-kindipublisher.com/index.php/ijlps/article/view/5221
