CISG Methodology by Andre Janssen, Olaf Meyer

By Andre Janssen, Olaf Meyer

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73 The website includes links to the members of the Autonomous Network of CISG Websites where material on the CISG is maintained in the languages of the country concerned. The resources cited above provide the raw materials for uniform interpretation of the CISG. However, those raw materials must often be interpreted themselves to make them understood by the courts and practitioners. That is largely the task of the scholarly community. The Pace data base contains a bibliography of over 8,000 books and articles that have been written about the CISG and contains over 1,100 full texts.

This can be achieved by unfair procedural means in court proceedings, which is however a matter outside the scope of this paper. But such discrimination can also be achieved by the interpretation and application of the international law instrument itself. Is there anything of this kind in relation to the CISG? In international sales cases it would be rather easy to prefer the home industry by court decisions. The courts of a country could easily reject claims by foreign claimants against home defendants and grant claims by home claimants against foreign defendants in a systematic way.

6 CISG. S. and Canadian parties in the hypothetical case would have contracted out of ULIS as such, though they might have included a choice of law provision in the contract, which would have had the effect of contracting out of ULIS. ” The third reason would seem to have been the crucial one: “Now, in all these cases, the Uniform Law seems undoubtedly superior to municipal laws, if not in itself, at least as regards international contracts; it is 41 42 43 44 Art. 1(1) ULIS. Art. 1(1) CISG. Art.

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