Uniformity in the Application of the CISG : Analysis of the Problem and Recommendations for the Future
Boris Praštalo
More than ninety countries are now parties to the United Nations Convention on Contracts for the International Sale of Goods (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, in addition to offering a detailed assessment of tools designed to promote such uniformity, draws on issues raised during over thirty years of case law from all over the world and from other CISG-related materials to clearly delineate a path to more uniform application. The practical implications to be found in 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 existing and proposed tools. Legal practitioners, judges and arbitrators called upon to argue under or apply the CISG, as well as all those with an 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, the 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.
- Издательство:
- Kluwer Law International
- Год издания:
- 2020
- ISBN:
- 978-9-4035-2072-8
- ISBN:
- 978-9-4035-2075-9