CISG and the Unification of International Trade Law

by Zeller; Bruno

• ISBN13: 9780415421737
• ISBN10: 041542173X
• Edition: 1st
• Format: Nonspecific Binding
• Copyright: 2007-04-30
• Publisher: Routledge-Caven

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. Zeller 'pushes the boundaries' of unification of international sales laws at the expense of domestic laws, with the aim of fostering debate as to how far the boundaries of unification can be pushed. 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, Zeller considers whether unification is merely a myth and his findings prove invaluable to future development of unified laws. Book jacket.

Author Biography

Dr Bruno Zeller, B.Com (Melbourne), B.Ed (Melbourne), Master of International Trade Law (Deakin), PhD in Law (Melbourne), Arbitrator (AICA), is Senior Lecturer at Victoria University, Melbourne, and Adjunct Professor at Murdoch University, Perth

Table of Contents

Acknowledgements	p. vii
Table of cases and documents	p. viii
Introduction	p. 1
Uniformity of laws: mapping the territory	p. 3
Uniformity of laws	p. 3
Explicit exclusion of the CISG - a step in the wrong direction?	p. 7
Harmonisation or unification	p. 11
Unification of sales laws: a discussion	p. 19
Unification of sales laws - a futility or a success	p. 19
Uniformity or domestic competition?	p. 21
Article 7 CISG: the tool to unified sales laws?	p. 24
Tensions between international legal order and various domestic systems	p. 24
Eliminating municipal divergences	p. 25
The method of interpretation in the CISG	p. 26
Predictability and choice of law	p. 27
Domestic law and international business aspirations	p. 28
The mechanism of gap filling	p. 32
Conflict of laws: is uniformity possible?	p. 36
Controversies in the application of the CISG	p. 36
Issues of application of the CISG	p. 38
Conclusion	p. 53
Specific performance and article 28 CISG	p. 55
Specific performance and the rules of the forum	p. 55
Domestic rules of specific performance	p. 56
The CISG and specific performance	p. 57
Article 28 and procedural law	p. 59
Article 28 and the conflict of laws rules	p. 60
Conclusion	p. 62
Gap filling and unification: where are the boundaries?	p. 64
Gaps and exclusions	p. 64
Concurrent contract and product liability claims	p. 65
Article 4(a): validity exclusion	p. 68
Set-off and article 4	p. 71
Invalidity and illegality: a discussion	p. 72
The question of validity	p. 74
The question of mistake	p. 75
Mistake - the conceptual framework	p. 77
Mistake - an analysis	p. 78
Conclusion	p. 80
Transplantation of laws	p. 81
Transplantation of uniform international law - facts or fiction?	p. 81
Conclusion	p. 92
Conclusion	p. 94
Introduction	p. 94
Where are we now?	p. 95
Uniformity - critical comments	p. 97
The problem of interpretation	p. 98
Article 7 and the mandate of uniform interpretation	p. 100
The international character of the CISG	p. 101
Conclusion	p. 106
Bibliography	p. 108
Index	p. 114
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