CISG Methodology
-
and
About this book
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.
Supplementary Materials
Topics
-
Download PDFRequires Authentication UnlicensedLicensed
Frontmatter
I -
Download PDFRequires Authentication UnlicensedLicensed
Table of contents
XI -
Download PDFRequires Authentication UnlicensedLicensed
Preface
1 -
Download PDFRequires Authentication UnlicensedLicensed
Methodological Problems in the Drafting of the CISG
5 -
Download PDFRequires Authentication UnlicensedLicensed
Tracing Methodology in the CISG: Dogmatic Foundations
33 -
Download PDFRequires Authentication UnlicensedLicensed
Literal Interpretation: The Meaning of the Words
61 -
Download PDFRequires Authentication UnlicensedLicensed
Legislative Intention and the CISG
91 -
Download PDFRequires Authentication UnlicensedLicensed
Case Law Precedent and Legal Writing
113 -
Download PDFRequires Authentication UnlicensedLicensed
The Observance of Good Faith in International Trade
133 -
Download PDFRequires Authentication UnlicensedLicensed
An Economic Analysis of the CISG
151 -
Download PDFRequires Authentication UnlicensedLicensed
Homeward Trend: What, Why and Why Not
171 -
Download PDFRequires Authentication UnlicensedLicensed
Macro-Systematic Interpretation of Uniform Commercial Law: The Interrelation of the CISG and Other Uniform Sources
207 -
Download PDFRequires Authentication UnlicensedLicensed
The CISG and Its General Principles
261 -
Download PDFRequires Authentication UnlicensedLicensed
The Role of the UNIDROIT Principles and the PECL in the Interpretation and Gap-filling of CISG
287 -
Download PDFRequires Authentication UnlicensedLicensed
Constructive Interpretation – Applying the CISG in the 21st Century
319 -
Download PDFRequires Authentication UnlicensedLicensed
The Interpretation of the CISG in China
343 -
Download PDFRequires Authentication UnlicensedLicensed
The Interpretation of the CISG in the Arab World
355 -
Download PDFRequires Authentication UnlicensedLicensed
CISG and Arbitration
375