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Lex Mercatoria: Private International Commercial Law

Private International Commercial Law

Agency

Applicable Law (Conflict of Laws / Proper Law)

Contract Principles

"Lex Mercatoria?" Contract Principles / Commercial Codes
Transnational Law Principles - Creeping Codification
Unidroit
EU
US

Customs

Insolvency

other

Insurance

English Marine Insurance Act
Cargo Insurance

Jurisdiction and Enforcement

Arbitral Recognition and Enforcement
EU & EFTA

Limitation Periods in the International Sale of Goods

Payment Mechanisms and Guarantees

Guarantees and Payment Mechanisms
International Transfers
Letters of Credit
Guarantees
Bills of Exchange and Promissory Notes
Factoring
Leasing
Assignment of Receivables
US UCC

Procedure and Evidence

Procedure
Evidence

Procurement of Goods, Construction and Services

Sale of Goods

CISG
Bibliographies:
Recommended reference texts:
ULIS & ULF
Incoterms
England
Norway
US
Other

Endnotes

Endnotes

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

Lex Mercatoria: Private International Commercial Law

Lex Mercatoria

copy @ Lex Mercatoria

Lex Mercatoria: Private International Commercial Law

Private International Commercial Law

Sale of Goods

CISG
Bibliographies:
Recommended reference texts:
ULIS & ULF
Incoterms
England
Norway
US
Other

Agency

For advice on the implementation of this Convention contact

⌠Printable text⌡gopher://gopher.law.cornell.edu/00/foreign/fletcher/KAV2420.txt

See also:

"Because of the abundance of information, [on the CISG] there is a need to sort out the most helpful publications and determine the types of materials needed. Publications come in a variety of formats--print, disc, and increasingly in electronic form. These recent electronic projects represent breakthrough developments for legal researchers because they use new technologies (i.e., the Internet) and promote cooperation among scholars, practitioners, librarians, and computer specialists. Pace University School of Law is responsible for the major project in this regard. Largely due to the initiative and vision of Albert Kritzer, who is leading the Pace Project, a new tool is being created that will bring together all CISG sources and scholars. Mr. Kritzer, working tirelessly and with experts worldwide, is devoted to making the CISG better known." Claire M. Germain

CISG sites include:

CISG - International Trade Database at The Institute of International Commercial Law, Pace University, School of Law. The most comprehensive effort to chart the growing domain of the CISG, See also The Autonomous Network of CISG Websites

CISG Rabel Website University of Freiburg, Institute of Foreign and International Law

CISG France Professor Claude Witz

CISG Japan Professor Hiroo Sono, Kyushu University, Japan

CISG Finland Professor Tuula ?mm?l?, Faculty of Law, University of Turku

CISG Israel Chief Editor: Dr. Arie Reich, Faculty of Law, Bar-Ilan University

CISG Spain & Latin America Prof. Dr. Pilar Perales, University of Madrid

Bibliographies:

CISG Bibliography at CISG Database, IICL, Pace University

Recommended reference texts:

Uniform Law of International Sales under the 1980 United Nations Convention, John Honnold, Kluwer 1991

International Contract Manual Guides to Practical Applications of the [CISG], Albert Kritzer, Kluwer, 1994

ICC's Incoterms 1990 "International Commercial Terms."

English Sale of Goods Act 1979. (an incomplete presentation of Parts II to VII) England, usually one of the more active participants in the drafting of such Conventions (as the #CISG CISG ), is frequently one of the last States to implement them, as is the case with this Convention. See list of CISG Contracting States

England applies the earlier Uniform Law on International Sale of Goods 1964 (ULIS) to international sales, but only if adopted by the parties to such a sale.

The challenges related to the harmonization of a given area of law are many, and go beyond the important agreement of a common text. Such agreement in itself does not guarantee uniformity of application, even where the convention attempts to encourage this through its provisions on interpretation . For an excellent article placing the issues in perspective, read "Uniform Words and Uniform Application. The 1980 Sales Convention and International Practice" John Honnold.

There has been much success with the #CISG CISG and its uniform adoption (admittedly with not infrequent reservations), there being over Contracting States. On the whole, academics and practitioners the world over, can be confident that when they discuss an article of the CISG, and its interaction with other articles, they are discussing the same text, (whether or not they agree as to its meaning).  38 

It appears that Norway alone amongst the contracting States has implemented the #CISGCISG through "transformation" thought Israel notably is considering it   Neither the numbering nor the substantive provisions are the same. Obviously this means that for Norway alone amongst the contracting States it is necessary to search to find e.g. Article 74 (or any other provision of the CISG).  39  A question raised is that of the conformity of the transformed text with the original. This is supposedly ultimately taken care of by the "supremacy" clause, ( ?88 with ideas which equate to Article 7 of the CISG). As pointed out, even with identical texts, the problems that arise can be substantial. Even within Norway not everyone is agreed that this transformation is such a wonderful innovation - see for example: Kj?psrettskonvensjon, Norsk Kj?pslov og Internasjonal Rettsenhet, Tidskrift for Rettsvitenskap 4/1995 p. 569 - "et siktem?l ? pr?ve ? reversere det som har skjedd." V. Hagstr?m. Other authoritative Norwegian authors including Professor Kai Kr?ger have expressed their agreement.

It would have been extremely unfortunate for the CISG, (and mitigated considerably the success it today represents in the harmonization of international sales law), if several countries had chosen such a course of implementation.

This is no criticism of the Norwegian domestic sales law or the Norwegian Sale of Goods Act (which incidentally, is in other respects substantially the same as that of other Nordic countries), but of Norway's implementation of the CISG. From an international (harmonization of law) perspective it is a mistake which hopefully will not be repeated elsewhere.

For advice on the implementation of this Convention contact UNCITRAL. See the:

Norwegian Sale of Goods Act - CISG concordance table,

CISG - Norwegian Sale of Goods Act concordance table

Only the

The full text ISBN 82-7511-003-3 may be obtained from:

Tel. 22 60 32 90. Fax 22 69 55 93.

None of the Nordic countries implement Part II of the Convention on formation of contracts (having made

For a Scandinavian view of the CISG see:

"Understanding the CISG in Scandinavia" Joseph Lookofsky. DJ?F Publishing 1996 ISBN 87-574-7420-6

US

Other


 36.http://www.jus.uio.no/lm/unidroit.ulis.convention.1964/sisu_manifest.html

 37.http://www.jus.uio.no/lm/unidroit.ulf.convention.1964/sisu_manifest.html

 38. Not all harmonization/ unification efforts lend themselves equally well to this approach. Transformation is more appropriate where there is necessarily a large domestic law element in the area of law concerned. In these circumstances, the legal text is more likely to be promulgated as a model law. Even here it is vital that as far as possible the text (and article numbering) remain intact. Yet other approaches are appropriate in given circumstances - e.g. where agreement is reached on part of a complex area of law and it is left to the individual States to ensure the changes are implemented; or the EU approach with directives, which member states are left to implement individually - note that in that case there is recourse to the European Court if legislation is not implemented correctly or on time.

 39. And to understand what it has become/ how it has been implemented.

 40.http://www.jus.uio.no/lm/the.autonomous.contract.07.10.1997.amissah/sisu_manifest.html

 41.http://www.jus.uio.no/lm/autonomous.contract.2000.amissah/sisu_manifest.html


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