CISG Methodology

The Convention on Contracts for the International Sale of Goods (CISG) is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 Member 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 while the number of Member 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 analyzed by leading experts from five continents. Some contributors provide a thorough analysis of the central topics of interpretation while others enter almost uncharted territories. Methodological Problems In The Drafting Of The Cisg / Eric Bergsten -- Tracing Methodology In The Cisg : Dogmatic Foundations / Ulrich Magnus -- Literal Interpretation : The Meaning Of The Words / Sieg Eiselen -- Legislative Intention And The Cisg / Urs Peter Gruber -- Case Law Precedent And Legal Writing / Larry A. Dimatteo -- The Observance Of Good Faith In International Trade / Bruno Zeller -- An Economic Analysis Of The Cisg / Marta Cenini And Francesco Parisi -- Homeward Trend : What, Why And Why Not / Franco Ferrari -- Macro-systematic Interpretation Of Uniform Commercial Law : The Interrelation Of The Cisg And Other Uniform Sources / Camilla Baasch Andersen -- The Cisg And Its General Principles / André Janssen And Sörren Claas Kiene -- The Role Of The Unidroit Principles And The Pecl / Pilar Perales Viscasillas -- Constructive Interpretatoin : Applying The Cisg In The 21st Century / Olaf Meyer -- The Interpretation Of The Cisg In China / Wei Li -- The Interpretation Of The Cisg In The Arab World / Hossam A. El-saghir -- Cisg And Arbitration / Loukas Mistelis. Edited By André Janssen, Olaf Meyer. Includes Bibliographical References. The CISG is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 member states. But do they also apply in 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 Member 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. (Quelle: Text Verlagseinband / Verlag) "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."