The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resources
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The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resources
Reproduced with permission from the author and the Cornell Review of the Convention on Contracts for the International Sale of Goods (1995) 147-187The The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resourcese Convention on Contracts for the International Sale of Goods: Scope, Interpretation and ResourcesAlbert H. Kritzer 1*1IntroductionThe Uniform Commercial Code (UCC) is the U.S. uniform domestic commercial code. The Convention on Contracts for the International Sale of Goods (C1SG) Lil is our uniform The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resources international commercial code. The CISG is designed to foster world trade by acting as a bridge to improved understanding in business dealings betweeThe Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resources
n persons from different countries and cultures.When the CISG applies to a contract, its provisions replace those of otherwise applicable domestic lawReproduced with permission from the author and the Cornell Review of the Convention on Contracts for the International Sale of Goods (1995) 147-187The The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resourcescase law holds that where CISG provisions relating to a contract differ from those of domestic law, CISG provisions are applicable.The United States took special steps to make the CISG practical:"(C]harged with helping... on this project to unify international sales law was a study group consisting The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resourcesof... sales and contract law experts, about half of them law professors, the other half... leading private attorneys, counsel for... Fortune 500 corpoThe Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resources
rations, and representatives of the National Foreign Trade Council. This Study Group provided the sales law expertise ... to ensure that the experts sReproduced with permission from the author and the Cornell Review of the Convention on Contracts for the International Sale of Goods (1995) 147-187The The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resourcestries,[3] the CISG has had an unusually high and rapid level of acceptance by national governments. Ratification of conventions on international commercial law normally proceeds at a glacial pace.141 However, CISG ratifications quadrupled in the few short years since it came into effect. A spur to r The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resourcesatification is "broad agreement... that barriers to trade resulting from differences in laws should be removed." 121The CISG is today the uniform inteThe Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resources
rnational sales law of countries accounting for over two-thirds of all world trade,(61 with a growing list of subscribing countries. There has been anReproduced with permission from the author and the Cornell Review of the Convention on Contracts for the International Sale of Goods (1995) 147-187The The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resourceshere are already more scholarly writings on the CISG than have ever accompanied any other new sales code.Despite this attention, there are many attorneys who are not aware of the C1SG. A still larger number do not have experience in researching the CISG and are unfamiliar with its interpretation and The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resources application in the international setting for which it is designed. As a consequence, manylawyers faced with international commercial law problems areThe Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resources
not prepared to properly counsel their clients. In addition, some courts have applied the CISG as though it were domestic law, thereby undermining itReproduced with permission from the author and the Cornell Review of the Convention on Contracts for the International Sale of Goods (1995) 147-187The The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resourcese [US] law regarding sale of goods between merchants is dealt with in great detail by the provisions of Article 2 of the Uniform Commercial Code and the extensive case law that has developed over its application. Traders [from the United States] and their lawyers have adopted its rules as the "natur The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resourcesal" way of doing business. The spill over into the area of international trade was, not surprisingly, a rational consequence of its existence. It canThe Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resources
be said, that ’doing business the ucc way' has become, like driving an automobile, a conditioned reflex to the American business community, both domesReproduced with permission from the author and the Cornell Review of the Convention on Contracts for the International Sale of Goods (1995) 147-187The The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resourcesess the American international trader suddenly finds himself facing a legal (and consequently a financial) situation over which he no longer has any control."1Z1To counsel on the CISG and to apply it, the Bar and bench must understand it. There are primers, basic texts, and other publications on thi The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resourcess new sales code. Computer technology, through the Internet and the World-Wide Web, provides another avenue for improved understanding of the CISG.TheThe Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resources
National Center for Automated Information Research (NCAIR) has funded the development of an electronic platform to make information on the CISG more Reproduced with permission from the author and the Cornell Review of the Convention on Contracts for the International Sale of Goods (1995) 147-187The The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resourcesis an aid to the practice of law that harnesses the collaborative potential of computer technology. It is designed to provide practicing attorneys, jurists, and scholars an added opportunity to participate in the interpretation of the CISG by sharing their knowledge and insights.I.Utilizing the CISG The Convention on Contracts for the International Sale of Goods Scope, Interpretation and ResourcesA listing of environments encountered in international trade introduces situations in which the CISG can be helpful.A. EnvironmentsMost internationalThe Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resources
contract environments are differentiable based on the legal cultures of the countries of the contracting parties and the maturity of their domestic leReproduced with permission from the author and the Cornell Review of the Convention on Contracts for the International Sale of Goods (1995) 147-187The The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resourcesies. Contracts between parties from different civil lawcountries comprise category' two, while category three involves contracts entered between parlies from different common law countries. Categories four through six are based on the relative maturity of legal systems. Category four involves contra The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resourcescts between parties both of whom are from countries with developed legal systems. When a party from a country with a developedlegal system enters intoThe Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resources
a contract with a parly from a country with a developing legal system, it is a category five environment. Contracts between panics from countries witReproduced with permission from the author and the Cornell Review of the Convention on Contracts for the International Sale of Goods (1995) 147-187The The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resourceses, they can use the same words and mean two different things: and ... without planning to, either one of them can ... mislead the other." [HJ when communicating with persons of different countries, a bridge to improve understanding is helpful.”[c]vcn if we prefer to speak in our own language, and e The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resourcesven if we are... able and willing to speak die language of an interlocutor.... In the same W'ay, die [C1SG] should be able to function as a legal lingThe Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resources
ua franca for international sales among those who cannot agree ... to allow the law of one of the parties ... to be the law of the contracts."!91A briReproduced with permission from the author and the Cornell Review of the Convention on Contracts for the International Sale of Goods (1995) 147-187The The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resourcesfor a bridge to understanding arise in categories two and three, for example, when civil law regimes differ from one another or when American approaches diverge from traditional English approaches. A legal lingua franca has similar utility in category four transactions. Depending upon the respective The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resources legal cultures, the need fora CISG by both parties to a business transaction comes to the fore in categories five and six. [101An example is trade beThe Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resources
tween the United States and China. When dealing with the Chinese. I have encountered difficult negotiating the ucc or (he domestic law of any country Reproduced with permission from the author and the Cornell Review of the Convention on Contracts for the International Sale of Goods (1995) 147-187The The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resourcesas to its interpretation. Among my pre-CISG alternatives were general principles of international law or no governing law clause and a reference to arbitration, perhaps in Stockholm (because Nordic law has considerable certainty and with the hope that Swedish atbitrators would draw' on principles of The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resources their law when Riling on the contract). 1 he C1SG is now the law of China, and C1SG case law from China holds:"Article 6 of the ... Foreign EconomicThe Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resources
Contract Law' [of the Peoples Republic of China] stipulates that where the provisions of an international treaty to which [China] is a signatory or a Reproduced with permission from the author and the Cornell Review of the Convention on Contracts for the International Sale of Goods (1995) 147-187The The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resourcesx* applied."! 111c. RequirementsSignificant benefits can tie derived from the CTSG.112| However, Io ac hieve its potential, it must overcome barriers.The Bar and the bench must participate in the CISG's development. Because this is a new law, there have been cases in which "judges and attorneys have The Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resources not yet recognized sufficiently that conuacts they consider are regulated by the Vienna Convention." [13] This presents one c hallenge. Another is ouThe Convention on Contracts for the International Sale of Goods Scope, Interpretation and Resources
r courts must have regard to the "international c harac ter" of this law' "and to the need to promote uniformity in its application". UÁ1There is a maGọi ngay
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