CISG and the Unification of International Trade Law

by Zeller; Bruno

• ISBN13: 9781845680466
• ISBN10: 1845680464
• Edition: 1st
• Format: Hardcover
• Copyright: 2007-04-03
• Publisher: Cavendish Pub Ltd

Summary

Critically examining the assumption that the creation of a convention introduces a uniform law and that conventions contribute to harmonisation of international laws, this work examines the Convention for the International Sale of Goods (CISG) by investigating how far international jurisprudence has advanced and whether such a development can truly be considered a harmonisation or unification.The gap filling role of domestic courts is also considered. By gauging the importance of domestic involvement in cases which essentially fall under the auspices of the CISG, the authors consider whether unification is merely a myth and their findings prove invaluable to future development of unified laws.

Table of Contents

Acknowledgment

Uniformity of laws

The 20th century the century of internationalization

Uniform legislation just the first level towards unification of laws

Explicit exclusion of the CISG A step in the wrong direction?

The critics' voice

The character of the CISG

Harmonization or Unification

Distinguishing between unification and harmonization

Which one to prefer?

Unification through the CISG

Unification of Sales Laws a Futility or a Success

Uniform words not to ensure uniform results?

Unbound discretion of domestic courts in interpreting uniform law?

Uniformity or domestic competition?

Tensions between international legal order and various domestic systems

Eliminating municipal divergences

The method of interpretation in the CISG

Art. 7 of the Convention

Interpreting uniform law

Predictability and choice of law

Domestic law and international business aspirations

The inevitable incompleteness of the CISG

Gaps intra' and praeter legem'

External gaps

The Mechanism of Gap Filling

Drafting history of Article 7 CISG

The mandate of Article 7(1), (2) CISG

A German trilogy of cases

Controversies in the application of the CISG

Issues of application of the CISG

Introduction

Conflict of laws

Applying the law of the Seller's State

The solution to legal diversity under the CISG

Conclusion

Specific Performance and the Rules of the Forum

Domestic Rules of Specific Performance

The CISG and Specific Performance

Article 28 and procedural law

Article 28 and the conflict of laws rules

Specific performance regularly granted under the CISG

Article 28 as a mere option

Article 28 designed for common law courts

Conclusion

Gaps and exclusions

Concurrent contract and product liability claims

Article 4(a): Validity Exclusion

Set-off and article 4

Invalidity and illegality: a discussion

The question of validity

The question of mistake

Mistake the conceptual framework

Mistake an analysis

Mistakes in expression

Mistakes in Motive

Conclusion

Transplantation of Uniform International Law Facts or fiction?

Introduction

Unification and Transplantation

The modernization of the BGB

Fundamental Breach

The UCC concepts of article 2

Conclusion

Introduction

Where are we now?

Uniformity Critical Comments

The Problem of Interpretation

Article 7 and the mandate of uniform interpretation

The international character of the CISG

The Problem of Internationality

Interpretation within the Four Corners'

Conclusion

Table of Contents provided by Publisher. All Rights Reserved.