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- Title
TO BOLDLY GO, PART II: DATA AS THE CISG'S NEXT (BUT PROBABLY NOT FINAL) FRONTIER.
- Authors
HAYWARD, BENJAMIN
- Abstract
The United Nations Convention on Contracts for the International Sale of Goods ('CISG') is an international sales law treaty concluded in 1980 and drafted with traditional (physical) goods trade in mind. While a significant body of scholarship has addressed its capacity to govern electronic software transactions, only limited commentary has explored the CISG's digital application beyond software per se. 'To Boldly Go, Part I', this article's counterpart, developed a specific legal framework for assessing the CISG's capacity to regulate international trade in non-software data. This article now applies that framework, confirming the CISG is capable of governing nonsoftware data trade, and uses that framework to resolve the currently unsettled question of whether cryptocurrency trade falls within the CISG's scope. Since non-software data trade is becoming increasingly economically important, this article's conclusions stand to benefit data traders as well as the practitioners advising them.
- Subjects
UNITED Nations Convention on Contracts for the International Sale of Goods (1980); ELECTRONIC software distribution; INTERNATIONAL trade; CRYPTOCURRENCIES; SCHOLARSHIPS
- Publication
University of New South Wales Law Journal, 2021, Vol 44, Issue 4, p1482
- ISSN
0313-0096
- Publication type
Article
- DOI
10.53637/ntic9846