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Vol 25 No 2 Feb/March 2020

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Uniformity in the Application of the CISG: Analysis of the Problem and Recommendations for the Future


ISBN13: 9789403520728
To be Published: April 2020
Publisher: Kluwer Law International
Country of Publication: UK
Format: Hardback
Price: £143.00



Uniformity in the Application of the CISG offers a detailed examination of the principle of uniformity as enshrined in Article 7(1) of the United Nations Convention on Contracts for the International Sale of Goods (CISG). More than ninety countries are now parties to the CISG – recognised as the pre-eminent legislative achievement aimed at harmonising commercial law on a global scale – but uniformity in the treaty’s application remains unsettled and controversial. This book aids in a complete understanding of the CISG interpretative methodology and its different components and draws on issues raised over thirty years of case law across the world and from other CISG-related materials to clearly delineate a path to more uniform application.

What’s in this book:

The practical implications of this book emerge from deeply informed discussion of such issues and topics as the following:

  • causes of non-uniformity, whether based on overall scope or on particular CISG provisions
  • detrimental effect of non-uniformity on both the legal and economic benefits provided by the CISG
  • effectiveness of implemented tools to combat non-uniform application
  • problems arising from trading imbalances between developed and developing countries, and
  • proposed efforts to promote uniform application

Drawing on its many sources, the analysis concludes with recommendations and observations about how to improve the organisation and mode of operation of the existing and proposed tools.

How this will help you:

Legal practitioners, judges and arbitrators called upon to argue under or apply the CISG, as well as all those with interest in international commercial law, will greatly appreciate the book’s incisive guidance in navigating the issue of uniformity in the application of the treaty. By extension, as a comparative analysis, this book will be of informative value for jurists and policymakers interested in what can be done to heighten the level of uniformity in the application of any international convention.

Subjects:
International Trade
Contents:
List of Abbreviations
List of Table.
Acknowledgements
CHAPTER 1. Introductory Remarks
CHAPTER 2. CISG Principle of Uniformity: Meaning, Scope, and Practical Implications
CHAPTER 3. Case Law Examples of Non-uniform Application of the CISG
CHAPTER 4. Causes of Non-uniform Application of the CISG
CHAPTER 5. Detrimental Impact of Non-uniform Application of the CISG
CHAPTER 6. Implemented Tools for Promotion of Uniform Application of the CISG
CHAPTER 7. Proposed Tools for Promotion of Uniform Application of the CISG
CHAPTER 8. Concluding Remarks
Bibliography
Table of Cases
Table of Treaties and Other Legal Texts
Index