thailand thailand and the accession to the united nations convention on contracts for the...

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Thailand Thailand and the Accession to the United and the Accession to the United Nations Convention on Contracts Nations Convention on Contracts for the for the International Sale of Goods International Sale of Goods (CISG) (CISG) Vilawan Mangklatanakul Department of Treaties and Legal Affairs Ministry of Foreign Affairs April 2015

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ThailandThailandand the Accession to the United and the Accession to the United Nations Convention on Contracts Nations Convention on Contracts for thefor theInternational Sale of Goods International Sale of Goods (CISG)(CISG) Vilawan Mangklatanakul

Department of Treaties and Legal AffairsMinistry of Foreign AffairsApril 2015

1. Thailand’s applicable 1. Thailand’s applicable lawslaws on international sales of on international sales of goods goods

The Civil and Commercial Code

The Electronic Transactions Act

The Unfair Contract Terms Act

2. The needs for the 2. The needs for the accessionaccession to the CISG to the CISGUndesirable results from the

applicable laws

A need for the uniformity of law

A need on legal certainty for traders

To keep up with international trends

For the upcoming realization of ASEAN Economic Community (AEC)

Draft implementing Act under the Sub Committee of Law Reform Commission

The Sub Committee consists of experts from relevant agencies (Foreign Ministry and Ministry of Justice) and academics.

3. Current status on the 3. Current status on the accession accession to the CISG to the CISG

4. Implementing 4. Implementing Legislations for the CISGLegislations for the CISG

The Civil and Commercial Code

Specific laws (lex specialis) containing some features of the CISG incorporated

Cabinet has the prerogative to conclude treaties with countries and international organizations,

Except treaties - providing for a change in the Thai

territories or the Thai extraterritorial areas; - requiring the enactment of an Act for its

implementation; or - having wide-scale effects on economic or

social security of the country,which shall be submitted to the National

Legislative Assembly for approval.

5. Constitutional process for 5. Constitutional process for treaty makingtreaty making

– – The End –The End –

Thank You ! Thank You !