The Uniform Interpretation of the UN Sales Convention (CISG)

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 whyand 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.

Provides a comprehensive and detailed analysis of the uniform interpretation of the CISG from a comparative perspective Deals with the uniform interpretation of the CISG with reference to the PICC 2016 edition Contributes to a much-debated topic of the unification of international sales law from Chinese scholars

Autorentext
Dr Peng Guo is a lecturer in law at the Swinburne University of Technology. He has worked across several Australian universities and has held visiting positions at different European and Asian universities. He has received scholarships awarded by renowned research institutions and international organisations, 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. He specialises in the international sale of goods, international commercial arbitration, comparative contract law, and law and technology. Dr Jie Luo is an Associate Professor in Law School at Zhongnan University of Economics and Law. She obtained an LLM at the University of East Anglia in 2004, a PhD in International Law at Wuhan University in 2008 and a PhD in Private Law at the University of Paris Sud in 2010. She was also an academic visitor to the University of Paris Sud Faculté Jean Monnet. Her main research interest lies in International Economic Law, with a focus on International Sales Law and WTO Law. She is the principal investigator for several research projects and has published several articles and books within those research areas. Dr Shu Zhang is a senior lecturer in commercial law at the Deakin Law School, Deakin University (Australia) and one of the Editors in Chief of the Vindobona Journal of International Commercial Law and Arbitration. Before joining the Deakin Law School, Dr Zhang was a post-doctoral fellow in the Chinese International Business and Economic Law Initiative, Law School, University of New South Wales (Australia). Her research interests include international commercial law, dispute resolution and international arbitration, law and technology, and comparative contract law. She is also admitted to practice in New South Wales, Australia. Dr Zhang obtained her PhD in Law from the University of New South Wales (Australia), and her LLM, LLB and BA in Economics (Double Degree) from Peking University (China). She has published various manuscripts in leading journals in this area, such as the Journal of Contract Law and China Quarterly.

Inhalt

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.