Transcript Thailand - SMU School of Law

Thailand
and the Accession to the United Nations
Convention on Contracts for the
International Sale of Goods (CISG)
Vilawan Mangklatanakul
Department of Treaties and Legal Affairs
Ministry of Foreign Affairs
April 2015
1.Thailand’s applicable laws
on international sales of goods

The Civil and Commercial Code

The Electronic Transactions Act

The Unfair Contract Terms Act
2.The needs for the accession
to the CISG

Undesirable 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)
3. Current status on the accession
to the CISG

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.
4. Implementing Legislations for
the CISG

The Civil and Commercial Code

Specific laws (lex specialis)
containing some features of the
CISG incorporated
5. Constitutional process for treaty
making
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.

– The End –
Thank You !