CISG methodology / edited by André Janssen Olaf Meyer.

Format:

Book

Author/Creator:

Janssen, André, author.

Contributor:

Janssen, André, 1972- editor.

Meyer, Olaf, 1973- editor.

Language:

English

Subjects (All):

United Nations Convention on Contracts for the International Sale of Goods (1980 April 11).

United Nations Convention on Contracts for the International Sale of Goods.

Export sales contracts.

Physical Description:

1 online resource (408 p.)

Edition:

1st ed.

Place of Publication:

Munich, Germany : sellier european law publishers, 2009.

Language Note:

English

Summary:

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.

Contents:

Front matter

Table of contents

Preface

Methodological Problems in the Drafting of the CISG

Tracing Methodology in the CISG: Dogmatic Foundations

Literal Interpretation: The Meaning of the Words

Legislative Intention and the CISG

Case Law Precedent and Legal Writing

The Observance of Good Faith in International Trade

An Economic Analysis of the CISG

Homeward Trend: What, Why and Why Not

Macro-Systematic Interpretation of Uniform Commercial Law: The Interrelation of the CISG and Other Uniform Sources

The CISG and Its General Principles

The Role of the UNIDROIT Principles and the PECL in the Interpretation and Gap-filling of CISG

Constructive Interpretation - Applying the CISG in the 21st Century

The Interpretation of the CISG in China

The Interpretation of the CISG in the Arab World

CISG and Arbitration

Notes:

Description based upon print version of record.

Includes bibliographical references.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

1-282-26588-1

9786612265884

3-86653-722-0

OCLC:

434190577