CISG Methodology
von: André Janssen, Olaf Meyer
sellier.european law publishers, 2009
ISBN: 9783866537224
Sprache: Englisch
407 Seiten, Download: 2945 KB
Format: PDF, auch als Online-Lesen
The CISG is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 contracting states. But do they also apply it in the same manner? Although Article 7 of the CISG underscores 'the need to promote uniformity in its application', it gives little guidance as to how to achieve this goal. Each judge and arbitrator is influenced by the legal methodology of his home jurisdiction. Therefore it is somewhat of a paradox that whilst the number of contracting states is constantly increasing so too is the threat of variation in application.
In this book the most important issues of the CISG's methodology are analysed by leading experts from five continents. Whereas some authors provide a thorough analysis of the central topics of interpretation, others enter almost uncharted territories.