CISG Case Law: A New Challenge for Interpreters?
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Description
This volume contains essays by prominent commentators on topics in commercial law. It addresses the increasing harmonization of international commercial law and the essays demonstrate different methodologies used in analysing commercial law, such as economic and jurisprudential approaches. It is common knowledge that in order to create legal uniformity it is insufficient to merely create and enact uniform laws or uniform law conventions because "even when outward uniformity is achieved... uniform application of the agreed rules is by no means guaranteed, as in practice different countries almost inevitably come to put different interpretations upon the same enacted words." In order to reduce this danger of diverging interpretations by courts of different countries, the drafters of the United Nations Convention on Contracts for the International Sale of Goods (CISG) included Article 7(1) which states that when interpreting the CISG "regard is to be had to its international character and to the need to promote uniformity in its application." Drafters of other uniform law conventions have taken a similar approach to the concern about conflicting interpretations. As many legal writers have pointed out, this means, above all, that one should not read the Convention through the lenses of domestic law, but rather in an autonomous manner. Thus, when interpreting the CISG one should not resort to the meaning generally attached to certain expressions within the ambit of a particular legal system.
Source Publication
The Creation and Interpretation of Commercial Law
Source Editors/Authors
Clayton P. Gillette
Publication Date
2003
Recommended Citation
Ferrari, Franco, "CISG Case Law: A New Challenge for Interpreters?" (2003). Faculty Chapters. 597.
https://gretchen.law.nyu.edu/fac-chapt/597
