One of the main constraints on cross-border commerce has always been diverging national legal regimes. With the emergence of globalization starting in the last century it became evident that there is a need to approximate the existing rules to foster international trade. In theory, this should allow all participating actors to benefit more than ever leading in the long run to greater wealth for everyone.
In 1980, 42 countries agreed on the CISG to address hindrances to the growing international trade by adopting a default uniform international framework for the sales of goods. The preamble specifies that “the adoption of uniform rules which govern contracts for the international sale of goods and take into account the different social, economic and legal systems would contribute to the removal of legal barriers in international trade and promote the development of international trade”. At the time of writing, the CISG has been in force for 27 years and it is time to evaluate whether the goals the drafters had in mind have been achieved.
In order to assess the successfulness of the CISG to promote a unified international sales law a multitude of factors can be taken into account. To not unduly exceed the limits of this paper the author determined three key criteria on whose basis the successfulness will be evaluated. Firstly, the acceptance of the CISG in the international community will be evaluated. Secondly, the influence of the CISG on subsequent international, regional and domestic legislation and initiatives relating to sales and contract law will be addressed. Lastly, after determining the scope of application the paper focuses on the CISG’s capacity to safeguard and foster its uniform application.
Inhaltsverzeichnis (Table of Contents)
- A. Introduction
- B. The successfulness of the CISG regime
- I. Acceptance in the international community.
- II. Influence on legislation and initiatives.
- III. The CISG's approach to uniformity
- 1. Scope of application.
- 2. Uniform interpretation and application
- C. Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This research paper aims to assess the successfulness of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in unifying international sales law. It analyzes the CISG's impact on international trade and explores its influence on subsequent legislative initiatives. The paper also examines the CISG's approach to uniformity, including its scope of application and the challenges of ensuring consistent interpretation and application.
- Acceptance of the CISG in the international community.
- Influence of the CISG on legislation and initiatives.
- The CISG's approach to uniformity.
- Scope of application of the CISG.
- Uniform interpretation and application of the CISG.
Zusammenfassung der Kapitel (Chapter Summaries)
The Introduction provides an overview of the historical context and rationale behind the CISG. It highlights the need for a unified international framework for sales of goods to facilitate international trade. The paper focuses on three key criteria to assess the CISG's successfulness: its acceptance in the international community, its influence on legislation and initiatives, and its approach to uniformity. The chapter on the successfulness of the CISG regime examines its acceptance in the international community, discussing the number of Contracting States and the implications of non-Contracting States. It explores the influence of the CISG on subsequent international, regional, and domestic legislation and initiatives relating to sales and contract law. Lastly, it analyzes the CISG's scope of application and its capacity to safeguard and foster uniform application. The Conclusion summarizes the main findings and arguments of the paper, drawing conclusions about the effectiveness of the CISG in unifying international sales law. This section is excluded from the preview to avoid spoilers.
Schlüsselwörter (Keywords)
The primary keywords and focus topics of this research paper are: United Nations Convention on Contracts for the International Sale of Goods (CISG), international sales law, international trade, uniform interpretation and application, scope of application, legislative initiatives, acceptance in the international community.
- Citation du texte
- LL.B. Fabian Junge (Auteur), 2015, The CISG’s attempt to unify international sales law. An assessment of its successfulness, Munich, GRIN Verlag, https://www.grin.com/document/313604
