The Uniform Interpretation of the UN Sales Convention (CISG)

ISBN-13: 9789819978434 / Angielski / Twarda / 2023

Jie Luo;Peng Guo

Opis

The unification of international commercial law has been a common course for every country of the world. The U.N. Convention on Contracts for International Sale of Goods (CISG) is a milestone in creating a uniform law in the field of the international sale of goods. The CISG coordinated divergent political, economic, and legal systems combined different contract laws and set up a comprehensive and independent legal framework for the international sale of goods.This book examines the basic requirements and criteria of the CISG’s interpretation and investigates how to achieve the uniform interpretation of the CISG based on interpretation rules in the CISG and through appropriate legal interpretation approaches.As a comprehensive and uniform legal framework for the international sale of goods, the CISG still has gaps to fill. Therefore, a uniform interpretation in gap-filling is equally important for the CISG. This book discusses gap-filling in the CISG, explains why and how to fill its gaps, clarifies gap-filling approaches, their order of application, and eventually concentrates on general principles and the uniform interpretation of the CISG.Another feature of the book is to discuss the supplementary materials that could be used to assist in the uniform interpretation of the CISG. PICC, foreign cases, UNCITRAL Digest, and the CISG Advisory Council opinions will be examined in detail to see whether and how they can fill the gaps in the CISG and promote its uniform interpretation.Only by clarifying the basic requirements and principles relating to the CISG’s uniform interpretation, can courts and arbitral tribunals correct their attitude toward and practices in the interpretation of the CISG. Only by following the autonomous interpretation approach, can the CISG achieve its goal to unify the sale of goods laws and promote the development of international commerce.

Spis treści

1. Introducation.- 2. Cisg and unification of international sales law.- 3.Legal interpretation and uniform interpretation of cisg.- 4.Gap-filling and the uniform interpretation of cisg.- 5. supplemental materials and the uniform interpretation of cisg.- 6.Conclusion.

O autorze

Dr. Jie LUO is Associate Professor in Law School at the Zhongnan University of Economics and Law. She obtained a M.A. in Law at the University of East Anglia in 2004, a Ph.D. in International Law at Wuhan University in 2008, and the second Ph.D. in Private Law at the University of Paris Sud (predecessor of Paris-Saclay University) in 2010. She was also Academic Visitor to the Jean Monnet Faculty of the University of Paris Sud in 2006-2007. Her main research interest lies in International Economic Law, with a focus on International Sales Law and WTO Law. She is Director of several research projects, such as the Humanities and Social Science Research Project of Hubei Provincial Department of Education, and the Social Science Fund Project of Hubei Province. She was also Main Participator in several research projects, e.g., the National Social Science Fund Research Project.

Dr. Peng Guo is Lecturer in Law at the Swinburne University of Technology where he teaches Equity and Trusts, Commercial Law, Asian Commercial Law and International Commercial Law. Prior to that, he worked at UNSW Law School, Melbourne Law School, La Trobe Law School, Deakin Law School, and RMIT Graduate School of Business and Law, teaching different subjects, particularly Contract Law. He has received scholarships awarded by renowned research institutions and international organizations, including the Max Planck Institute for Comparative and International Private Law, the International Institute for the Unification of Private Law (UNIDROIT), the Swiss Institute of Comparative Law, and the European Union. His research interests lie in the international sale of goods, particularly the CISG, international commercial arbitration, comparative contract law, and law and technology. He has published books and articles on the CISG, the UNIDROIT Principles, Australian and Chinese contract law, and international commercial arbitration.