Uniformity in the Application of the CISG 1st editon by Boris Prastalo – Ebook PDF Instant Download/Delivery: 9403520752, 9789403520759
Full download Uniformity in the Application of the CISG 1st edition after payment
Product details:
ISBN 10: 9403520752
ISBN 13: 9789403520759
Author: Boris Prastalo
More than ninety countries are now parties to the United Nations Convention on Contracts for the International Sale of Goods (CISG) recognised as the pre-eminent legislative achievement aimed at harmonising commercial law on a global scale but uniformity in the treaty’s application remains unsettled and controversial. This book, in addition to offering a detailed assessment of tools designed to promote such uniformity, draws on issues raised during over thirty years of case law from all over the world and from other CISG-related materials to clearly delineate a path to more uniform application.
The practical implications to be found in this book emerge from deeply informed discussion of such issues and topics as the following:
- causes of non-uniformity, whether based on overall scope or on particular CISG provisions;
- detrimental effect of non-uniformity on both the legal and economic benefits provided by the CISG;
- effectiveness of implemented tools to combat non-uniform application;
- problems arising from trading imbalances between developed and developing countries; and
- proposed efforts to promote uniform application.
Drawing on its many sources, the analysis concludes with recommendations and observations about how to improve the organisation and mode of operation of existing and proposed tools.
Legal practitioners, judges and arbitrators called upon to argue under or apply the CISG, as well as all those with an interest in international commercial law, will greatly appreciate the book’s incisive guidance in navigating the issue of uniformity in the application of the treaty. By extension, as a comparative analysis, the book will be of informative value for jurists and policymakers interested in what can be done to heighten the level of uniformity in the application of any international convention.
Uniformity in the Application of the CISG 1st Table of contents:
Chapter 1 Introductory Remarks
§1.01 BACKGROUND
§1.02 FOCUS OF THIS BOOK
§1.03 WHY THIS TOPIC? WHY NOW?
Chapter 2 CISG Principle of Uniformity: Meaning, Scope, and Practical Implications
§2.01 PRINCIPLE OF UNIFORMITY
[A] Historical Background [B] Practical Application [C] Scholarly Position: Unified on One Front, Split on Another [D] Relationship Between the Principle of Uniformity and Other Article 7(1) Components [1] Plain Wording of Article 7(1): There Is a Need to Promote Uniform Application [2] Travaux Préparatoires: No Indication of Equality of Article 7(1) Interpretative Principles [3] The Ultimate Face Off: Principle of Uniformity Vis-à-Vis International Character [4] Underlying Nature of the CISG: A Strong Case for a Higher Importance of the Principle of Uniformity§2.02 STANDARD OF UNIFORMITY MANDATED BY THE CISG
[A] Strict Uniformity [B] Relative Uniformity [C] Functional Uniformity [D] Relative Functional Uniformity [E] National Law Standard§2.03 SUMMARY
Chapter 3 Case Law Examples of Non-uniform Application of the CISG
§3.01 TWO TYPES OF NON-UNIFORM APPLICATION OF THE CISG
[A] Non-uniformity as to the Scope of the Application of the CISG [B] Non-uniformity as to the Application of the CISG’s Provisions§3.02 SELECTED EXAMPLES OF NON-UNIFORMITY IN THE APPLICATION OF THE CISG
[A] Battle of Forms [1] Article 19 [2] Was the Contract Formed? [a] Contract Is Formed: Counter-Offer Plus Complete or Partial Performance [b] Contract Is Formed: The Court Provides No Particular Justification [c] Contract Is Formed: Essentialia Negotii Are Present [3] Terms of the Contract [a] Last Shot Rule [b] Knock-Out Rule [c] Other Approaches [B] Reasonable Time and Notice of Non-conformity [1] Reasonable Time as a Fixed Period of Time [2] Reasonable Time as an Open-Ended Standard [C] Impediment Beyond the Party’s Control [1] Impediment as a Concept Equivalent to Impossibility or Force Majeure [2] Impediment as a Concept Encompassing Hardship [D] Some Observations Common to the Three Issues Discussed§3.03 STATE OF APPLICATION OF THE CISG IN SPECIFIC JURISDICTIONS
§3.04 CURRENT STATE OF UNIFORM APPLICATION OF THE CISG VIS-À-VIS THE NATIONAL LAW STANDARD
§3.05 SUMMARY
Chapter 4 Causes of Non-uniform Application of the CISG
§4.01 DESIGN OF THE UNIFORM SALES LAW SYSTEM
[A] Limited Scope of Application [B] Substantive Rules [C] Interpretative Rules [D] Procedural Rules and Enforcement Aspects [E] The (Impossible) Path to Amending the CISG§4.02 INTERNAL CAUSES OF NON-UNIFORM APPLICATION OF THE CISG
[A] Exclusion of Certain Matters from the CISG [B] Lack of Uniform Interpretative Methodology [C] Official and Unofficial Versions of the CISG [D] Increased Reliance on Legal Standards [E] Reservations [F] Lack of a Final Authority§4.03 EXTERNAL CAUSES OF NON-UNIFORM APPLICATION OF THE CISG
[A] Homeward Trend [B] Costs and Incentives [1] Judges [a] Promotion Possibility [b] Reputation and Prestige [c] Leisure [2] Arbitrators§4.04 SUMMARY
Chapter 5 Detrimental Impact of Non-uniform Application of the CISG
§5.01 DILUTION OF GENERAL BENEFITS OF UNIFORMITY DUE TO NON-UNIFORM APPLICATION OF THE CISG: THEORETICAL ANALYSIS
[A] Detrimental Impact on Economic Benefits of Uniformity [1] More Room to Engage in Strategic Behaviour [2] Reinstatement of Transaction and Dispute Settlement Costs [3] Mitigated Contribution to the Development of International Trade [B] Detrimental Impact on Legal Benefits of Uniformity [1] Undermining of Specialisation in the International Context [2] Undermining of Simplicity, Accessibility, and Neutrality [3] Undermining of Legal Certainty§5.02 LACK OF UNIFORM APPLICATION OF THE CISG FROM THE PERSPECTIVE OF BUSINESS ENTITIES
[A] Availability of Empirical Data [B] Stance of Businesses on Non-uniformity as a Barrier to Trade [1] Relevance of the Clifford Chance Survey on European Contract Law for the CISG [2] Methodology of the Clifford Chance Survey on European Contract Law [3] Non-uniformity in the Clifford Chance Survey and Implications for the CISG [a] Non-uniform National Laws as a Barrier to Cross-Border Trade [b] Non-uniform Application of Uniform Instruments as a Barrier to Cross-Border Trade [C] Non-uniform Application of the CISG as a Factor in the Parties’ Decision to Exclude Its Application [1] Exclusion Rates [2] Factors Leading to the Exclusion of the CISG [a] Lack of Familiarity [b] Disparity in Bargaining Power [c] Market Sector Specificities [d] Substantive Reasons [3] Interplay of Factors Leading to the Exclusion of the CISG [4] Non-uniform Application of the CISG Vis-à-Vis Other Substantive Reasons§5.03 SUMMARY
Chapter 6 Implemented Tools for Promotion of Uniform Application of the CISG
§6.01 OVERVIEW OF THE IMPLEMENTED TOOLS
[A] Global Jurisconsultorium [B] Tools That Disseminate Case Law and Other CISG-Related Materials [1] Efforts by UNCITRAL [a] CLOUT Database [b] CISG Digest [2] CISG Pace Database [3] UNILEX [4] CISG-Online [5] CISG Advisory Council§6.02 LIMITED IMPACT OF THE IMPLEMENTED TOOLS
[A] Persistence of Non-uniform Application of the CISG [B] Rare Use of the Implemented Tools§6.03 ANALYSIS OF THE IMPLEMENTED TOOLS
[A] Benchmarks for the Implemented Tools [1] Accessibility [2] Systematic Approach [3] Timeliness [4] Credibility [5] Fair Representation of Developing/Non-Western States [B] Assessment of the Tools That Disseminate Case Law and Other CISG-Related Materials Against the Five Benchmarks [1] Credibility Established [2] Lack of Language Diversity as a Barrier to Unfettered Access [3] Deficient Systematic Functioning [4] Delayed Dissemination of CISG Case Law [5] Dominance of the Case Law from Developed/Western Countries in the Databases [C] Assessment of the CISG Advisory Council Against the Five Benchmarks [1] Systematic Approach Mostly Present [2] Credibility Partially Established [3] Timeliness Potentially Undermined Through Periods of Inactivity [4] Lack of Language Diversity as a Barrier to Unfettered Access [5] Dominance of Membership from the Western/Developed States [D] Potential Improvements in the Implemented Tools§6.04 SUMMARY
Chapter 7 Proposed Tools for Promotion of Uniform Application of the CISG
§7.01 OVERVIEW OF THE PROPOSED TOOLS
[A] Final Authority [B] Permanent Editorial Board [C] International Committee for the Interpretation of the CISG [D] International Thesaurus§7.02 ANALYSIS OF THE PROPOSED TOOLS
[A] Assessment of the Final Authority [1] Direct Generation of Uniformity in the Application of the CISG: A Novelty Element [2] CISG Final Authority Could Undermine the Need for the Implemented Tools [3] CISG Final Authority Neither Desirable nor Implementable [B] Assessment of the Permanent Editorial Board [1] Added Credibility under the Wing of UNCITRAL: A Novelty Element [2] Interaction with the Implemented Tools Dependent upon the Competences of the Permanent Editorial Board [3] Establishment of the Permanent Editorial Board Unlikely at This Point in Time [C] Assessment of the International Committee for the Interpretation of the CISG [1] An Element of Novelty Present Only If the International Committee for the Interpretation of the CISG Would Operate under UNCITRAL [2] Varied Interaction with the Implemented Tools [3] Establishment of the International Committee for the Interpretation of the CISG Unlikely at This Point in Time [D] Assessment of the International Thesaurus [1] Novelty: International Thesaurus as a Tool for Increasing Comprehension of Legal Terms in the International Setting [2] International Thesaurus as a Complimentary Tool to the Tools Implemented Thus Far [3] Establishment of the International Thesaurus Dependent on the Availability of Resources§7.03 SUMMARY
Chapter 8 Concluding Remarks
§8.01 THE MANDATE OF UNIFORMITY NOT FULFILLED IN PRACTICE
§8.02 THE PATH TO UNIFORM APPLICATION
§8.03 THE TOOLS FOR THE PROMOTION OF UNIFORMITY
§8.04 WHAT LEVEL OF UNIFORMITY IS UNIFORM ENOUGH?
§8.05 CISG AS A PRAISEWORTHY UNIFORM LAW INSTRUMENT
People also search for Uniformity in the Application of the CISG 1st:
uniformity of application
uniformity in a sentence
uniformity in the workplace
uniformity example
uniformity apparel
Tags: Boris Prastalo, the Application, the CISG