The Adoption of the Vienna Convention for the International Sale of Goods (CISG) 1980 in Africa—A Critical Analysis

Abstract

The adoption of the Vienna Convention for the International Sale of Goods (CISG) 1908 in Africa has been slow in comparison to other regions of the world. The Convention is widely regarded as one of the most successful instruments of international commercial law harmonisation. It has been adopted by ninety-four countries from all regions of the world representing more than eighty per cent of international sales. Despite this, only fourteen African countries have adopted it so far. The research question in this article is why African countries have been reluctant to adopt the CISG, compared to countries from other regions around the world. The aim of the article is to establish and analyse the possible reasons why African countries have been so slow in adopting the CISG and to suggest solutions to improve the situation. The reasons include an ignorance about the Convention, apathy on the side of governments and business alike and the existence of other regional harmonisation instruments such as the Organisation for the Harmonisation of Business Law in Africa (OHADA). It is argued that the impetus for greater acceptance lies within the pressure that might emanate from regional trading blocs such as the Common Market for Eastern and Southern Africa (COMESA), the Southern African Development Community (SADC) and the newly formed African Continental Free Trade Area Agreement (AfCFT). It is also argued that greater awareness amongst practitioners may play a future role if the new generation of lawyers are educated on the Convention.