This Article probes the previously underexplored failure of the world trading rules to keep abreast with the global marketplace. It argues that the global trading system, despite its well-documented contribution to the spectacular expansion of postwar trade, has never in fact fully moved away from the mercantilist past, its monolinear conception of production and trading patterns, and its state-centric, top-down paradigm of rule making. The inevitable anachronism precipitated by the out-of-date trading-rules structure is seriously ill suited to the contemporary nonterritorial international business transactions defined by global supply chains. Consequently, while the trading rules officially seek to help facilitate trade consistent with the theory of comparative advantage, they often entail diametrically opposite effects, that is, clogging the arteries of global commerce. This Article concludes that burgeoning “trade networks” can offer an answer to these problems as these networks vigorously co-opt relevant epistemic communities and devise practical tools to confront the complex challenges faced by global businesses nowadays.
{"title":"Are World Trading Rules Passé?","authors":"Sungjoon Cho, C. Kelly","doi":"10.2139/ssrn.2088368","DOIUrl":"https://doi.org/10.2139/ssrn.2088368","url":null,"abstract":"This Article probes the previously underexplored failure of the world trading rules to keep abreast with the global marketplace. It argues that the global trading system, despite its well-documented contribution to the spectacular expansion of postwar trade, has never in fact fully moved away from the mercantilist past, its monolinear conception of production and trading patterns, and its state-centric, top-down paradigm of rule making. The inevitable anachronism precipitated by the out-of-date trading-rules structure is seriously ill suited to the contemporary nonterritorial international business transactions defined by global supply chains. Consequently, while the trading rules officially seek to help facilitate trade consistent with the theory of comparative advantage, they often entail diametrically opposite effects, that is, clogging the arteries of global commerce. This Article concludes that burgeoning “trade networks” can offer an answer to these problems as these networks vigorously co-opt relevant epistemic communities and devise practical tools to confront the complex challenges faced by global businesses nowadays.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114077351","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A significant quantity of global merchandise trade takes place under one of two sets of preferential rules of origin (ROO), either those of the European Union, the so‐called Pan‐ European Cumulation System (PECS) or those generally preferred by the United States, as manifested in free trade agreements (FTAs) such as NAFTA and the many subsequent FTAs the US has concluded with various trading partners since then. Many years of work conducted by the World Customs Organization and the World Trade Organization have finally culminated in a draft text on non‐preferential ROO, with the only thing standing in the way of its adoption being a relatively limited subset of narrowly defined political economy interests in some of the largest trading nations. Some observers have argued that the so‐called spaghetti bowl of preferential trade agreements can be "multilateralized", and that one way to achieve this would be to harmonize preferential ROO at the multilateral level, i.e. at the WTO. This paper looks at how easy or difficult it would be to achieve such harmonization, both in purely technical terms as well as a political economy matter. It concludes that that the current system of ROO is quickly being overtaken by the realities of increasingly unbundled and globally dispersed production processes and that these rules are even more likely to need a complete rethink as global manufacturing in so many industries undergoes what is probably the most profound economic shakeup in over a hundred years.
{"title":"Multilateral Disciplines on Preferential Rules of Origin: How Far are We from Squaring the Circle","authors":"Simon Lacey","doi":"10.2139/ssrn.2984093","DOIUrl":"https://doi.org/10.2139/ssrn.2984093","url":null,"abstract":"A significant quantity of global merchandise trade takes place under one of two sets of preferential rules of origin (ROO), either those of the European Union, the so‐called Pan‐ European Cumulation System (PECS) or those generally preferred by the United States, as manifested in free trade agreements (FTAs) such as NAFTA and the many subsequent FTAs the US has concluded with various trading partners since then. \u0000 \u0000Many years of work conducted by the World Customs Organization and the World Trade Organization have finally culminated in a draft text on non‐preferential ROO, with the only thing standing in the way of its adoption being a relatively limited subset of narrowly defined political economy interests in some of the largest trading nations. \u0000 \u0000Some observers have argued that the so‐called spaghetti bowl of preferential trade agreements can be \"multilateralized\", and that one way to achieve this would be to harmonize preferential ROO at the multilateral level, i.e. at the WTO. \u0000 \u0000This paper looks at how easy or difficult it would be to achieve such harmonization, both in purely technical terms as well as a political economy matter. It concludes that that the current system of ROO is quickly being overtaken by the realities of increasingly unbundled and globally dispersed production processes and that these rules are even more likely to need a complete rethink as global manufacturing in so many industries undergoes what is probably the most profound economic shakeup in over a hundred years.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116840175","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper constitutes a tour d'horizon relating to institutional transparency in the WTO decision and judicial making. The paper critically reviews the most topical challenges for the internal and external transparency of the international organization regulating global trade and puts forward several proposal for improvement. Transparency is inextricably linked with the legitimacy of the WTO. Whereas, critique about the structure and obscure functioning of the organization have grown, this very rise in publicity of the organization underlines its success resulting from the transformation that occurred in the wake of the Uruguay Round. Thus, transparency is an irreversible process, but it may lead to longer negotiating rounds.
{"title":"Institutional Transparency in the WTO","authors":"Panos Delimatsis","doi":"10.2139/ssrn.2066056","DOIUrl":"https://doi.org/10.2139/ssrn.2066056","url":null,"abstract":"This paper constitutes a tour d'horizon relating to institutional transparency in the WTO decision and judicial making. The paper critically reviews the most topical challenges for the internal and external transparency of the international organization regulating global trade and puts forward several proposal for improvement. Transparency is inextricably linked with the legitimacy of the WTO. Whereas, critique about the structure and obscure functioning of the organization have grown, this very rise in publicity of the organization underlines its success resulting from the transformation that occurred in the wake of the Uruguay Round. Thus, transparency is an irreversible process, but it may lead to longer negotiating rounds.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114075105","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-11-01DOI: 10.1111/j.1467-9701.2011.01423.x
Henrik Horn, P. Mavroidis
This paper asks two questions concerning Border Tax Adjustments for climate purposes, when viewed from a trade perspective: First, under what conditions are BTAs possible in the WTO-world? To address this issue, the paper provides a detailed discussion of the relevant law and case law. We also apply our main conclusions on what we consider to be paradigmatic cases of measures to address climate change where trade concerns are raised. We conclude that the WTO regime is no major obstacle to those aspiring to use BTAs, although the allocation of the burden of proof could be an issue. The second issue addressed is whether the economic literature on the desirability of BTAs adequately reflects concerns that have been raised in the trade policy community. Here we conclude that it has hardly addressed these concerns at all. We also point to some aspects of BTAs that would be important to take into account in a more complete analysis.
{"title":"To B(TA) or Not to B(TA)? On the Legality and Desirability of Border Tax Adjustments from a Trade Perspective","authors":"Henrik Horn, P. Mavroidis","doi":"10.1111/j.1467-9701.2011.01423.x","DOIUrl":"https://doi.org/10.1111/j.1467-9701.2011.01423.x","url":null,"abstract":"This paper asks two questions concerning Border Tax Adjustments for climate purposes, when viewed from a trade perspective: First, under what conditions are BTAs possible in the WTO-world? To address this issue, the paper provides a detailed discussion of the relevant law and case law. We also apply our main conclusions on what we consider to be paradigmatic cases of measures to address climate change where trade concerns are raised. We conclude that the WTO regime is no major obstacle to those aspiring to use BTAs, although the allocation of the burden of proof could be an issue. The second issue addressed is whether the economic literature on the desirability of BTAs adequately reflects concerns that have been raised in the trade policy community. Here we conclude that it has hardly addressed these concerns at all. We also point to some aspects of BTAs that would be important to take into account in a more complete analysis.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121736815","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The term ‘usage’ generally refers to any practice that is habitual or customary within a given industry, trade or region. Under domestic U.S. sales law, the term ‘usage of trade’ is used, and usage of trade can be used under domestic U.S. sales law to interpret, explain, or supplement a written agreement. But usage of trade may not be used under domestic U.S. sales law to contradict a written agreement. Moreover, under domestic U.S. sales law, the express terms of the parties’ agreement and any course of performance or course of dealing between the parties will prevail over inconsistent usage of trade.The United Nations Convention on Contracts for the International Sale of Goods, or CISG, also provides for consideration of usage to establish the terms of the agreement between the parties, as well as to determine party intent. But the CISG does not establish a hierarchy that requires usage to defer automatically to party conduct or to the parties’ established practices. Yet, U.S courts have incorrectly assumed that the same hierarchy that they are accustomed to under the UCC must exist under the CISG as well. Because usage can be highly relevant for determining the terms of the agreement between the parties, especially when commercial arrangements are consummated without a written agreement, proper analysis of the role of usage is essential. The failure to understand the role usage plays under the CISG can improperly affect the outcomes of disputes. This Article analyzes this issue and proposes better understanding of the role usage plays for sale of goods contracts governed by the CISG.
{"title":"The Hierarchy That Wasn’t There: Elevating ‘Usage’ to Its Rightful Position for Contracts Governed by the CISG","authors":"W. P. Johnson","doi":"10.2139/SSRN.1948743","DOIUrl":"https://doi.org/10.2139/SSRN.1948743","url":null,"abstract":"The term ‘usage’ generally refers to any practice that is habitual or customary within a given industry, trade or region. Under domestic U.S. sales law, the term ‘usage of trade’ is used, and usage of trade can be used under domestic U.S. sales law to interpret, explain, or supplement a written agreement. But usage of trade may not be used under domestic U.S. sales law to contradict a written agreement. Moreover, under domestic U.S. sales law, the express terms of the parties’ agreement and any course of performance or course of dealing between the parties will prevail over inconsistent usage of trade.The United Nations Convention on Contracts for the International Sale of Goods, or CISG, also provides for consideration of usage to establish the terms of the agreement between the parties, as well as to determine party intent. But the CISG does not establish a hierarchy that requires usage to defer automatically to party conduct or to the parties’ established practices. Yet, U.S courts have incorrectly assumed that the same hierarchy that they are accustomed to under the UCC must exist under the CISG as well. Because usage can be highly relevant for determining the terms of the agreement between the parties, especially when commercial arrangements are consummated without a written agreement, proper analysis of the role of usage is essential. The failure to understand the role usage plays under the CISG can improperly affect the outcomes of disputes. This Article analyzes this issue and proposes better understanding of the role usage plays for sale of goods contracts governed by the CISG.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132988796","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the 18th century with the expansion of the foreign relations of Russia increased imports of grape wines. On the domestic market of the country could meet the wines from different European States. This article discusses the basic mechanisms of State-legal regulation of import of grape wines in Russia and their implementation.
{"title":"Государственно-правовое регулирование импорта вин и винной торговли в Российской империи в XVIII веке (State and Legal Regulation of Imports of Wines and the Wine Trade in the Russian Empire in the 18th Century)","authors":"V. Shkunov","doi":"10.2139/ssrn.2145119","DOIUrl":"https://doi.org/10.2139/ssrn.2145119","url":null,"abstract":"In the 18th century with the expansion of the foreign relations of Russia increased imports of grape wines. On the domestic market of the country could meet the wines from different European States. This article discusses the basic mechanisms of State-legal regulation of import of grape wines in Russia and their implementation.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124092407","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A generally used term for easy marketable commodities usually with high prices is cash crops As a result of it these commodities are produced by many developing and especially least developed countries (LDC). These crops have witnessed fluctuation in prices during the last decade. We can suppose that these products would be the domain of developing countries nevertheless the opposite is true. Vanilla is a very good example of those products especially because just very few producers exist. We can suppose that vanilla trade would be the sphere of very few producers and beside that the agents would deal mostly with the demand site on the international market. However, the international vanilla market shows slight differences. Nevertheless, it can be grown just in very few areas. Madagascar belongs between the most well known producers. The aim of this paper is to analyse the international vanilla trade with regards to the production and consumption side and specifics of cash crops in general. International vanilla trade is even higher than the production itself. These results indicate that vanilla is being re-exported and the trade is not just a normal commodity trade but being use as a investment instrument as well.
{"title":"Is There Any Future for Cash Crops in Developing Countries? The Case of Vanilla","authors":"Irena Pokorná","doi":"10.2139/ssrn.1873443","DOIUrl":"https://doi.org/10.2139/ssrn.1873443","url":null,"abstract":"A generally used term for easy marketable commodities usually with high prices is cash crops As a result of it these commodities are produced by many developing and especially least developed countries (LDC). These crops have witnessed fluctuation in prices during the last decade. We can suppose that these products would be the domain of developing countries nevertheless the opposite is true. Vanilla is a very good example of those products especially because just very few producers exist. We can suppose that vanilla trade would be the sphere of very few producers and beside that the agents would deal mostly with the demand site on the international market. However, the international vanilla market shows slight differences. Nevertheless, it can be grown just in very few areas. Madagascar belongs between the most well known producers. The aim of this paper is to analyse the international vanilla trade with regards to the production and consumption side and specifics of cash crops in general. International vanilla trade is even higher than the production itself. These results indicate that vanilla is being re-exported and the trade is not just a normal commodity trade but being use as a investment instrument as well.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115410760","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Carribbean Forum-European Communities (CARIFORUM-EC) Economic Partnership Agreement (EPA) represents a new era of development cooperation and trade relations between the European Union (EU) on the one hand, and a subgrouping of the African, Caribbean, and Pacific (ACP) group of countries on the other hand. The inclusion of Most Favoured Nation (MFN) clauses in the EPA, which require CARIFORUM countries to extend to the EU any more favourable treatment granted to third parties in future Free Trade Agreements (FTAs) has generated some controversy. This note critically examines the arguments that have been levelled against the inclusion of these clauses from legal and policy perspectives. Notwithstanding the often nebulous distinction between law and policy, it will be argued here that questions of policy and issues of law must be bifurcated in order to meaningfully assess the value of MFN clauses in the EPA. A paradigm for assessing such clauses in other so-called North-South FTAs is also suggested.
{"title":"MFN in the CARIFORUM-EC Economic Partnership Agreement: Policy Blunder or Legal Inconsistency?","authors":"C. Chase","doi":"10.54648/leie2011011","DOIUrl":"https://doi.org/10.54648/leie2011011","url":null,"abstract":"The Carribbean Forum-European Communities (CARIFORUM-EC) Economic Partnership Agreement (EPA) represents a new era of development cooperation and trade relations between the European Union (EU) on the one hand, and a subgrouping of the African, Caribbean, and Pacific (ACP) group of countries on the other hand. The inclusion of Most Favoured Nation (MFN) clauses in the EPA, which require CARIFORUM countries to extend to the EU any more favourable treatment granted to third parties in future Free Trade Agreements (FTAs) has generated some controversy. This note critically examines the arguments that have been levelled against the inclusion of these clauses from legal and policy perspectives. Notwithstanding the often nebulous distinction between law and policy, it will be argued here that questions of policy and issues of law must be bifurcated in order to meaningfully assess the value of MFN clauses in the EPA. A paradigm for assessing such clauses in other so-called North-South FTAs is also suggested.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125646376","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2010-12-01DOI: 10.1163/9789004424999_004
D. Horng
The EU is the most successful integration story in the post-Second World War period and its success is evidenced by deepening and widening trends. The success of the EU integration provides a stimulus and encouragement for regional economic cooperation through peaceful processes. Although the EU model is unique, it could still provide many lessons for other RTAs. One key lesson from the EU’s experience for the crossstrait is that intensifying functional integration might play an important role in enhancing and consolidating regional cooperation and economic convergence. In particular, the EU’s objectives for European peace, security and prosperity have a special meaning for Taiwan-China economic relations. Taiwan and China could learn from the lessons offered by the EU model to change political confrontation or even to pursue economic cooperation. From the functional and pragmatic approaches of the EU model, the FTA will provide an opportunity for mutual benefit in cross-strait relations. Through the FTA, will Taiwan and China gradually integrate into one economic community or even one Chinese Union? The EU experience suggests that European integration has always been influenced by the political will of its Member States. The process towards a cross-strait FTA therefore requires a great political will and a commitment to peace and common interest from both Taiwan and China. This process will be a politically difficult venture for both sides. The success of a cross-strait FTA however, will facilitate further economic integration and could create an era of peaceful relations between Taiwan and China in the 21st Century.
{"title":"The EU Model for a Taiwan-China Free Trade Agreement","authors":"D. Horng","doi":"10.1163/9789004424999_004","DOIUrl":"https://doi.org/10.1163/9789004424999_004","url":null,"abstract":"The EU is the most successful integration story in the post-Second World War period and its success is evidenced by deepening and widening trends. The success of the EU integration provides a stimulus and encouragement for regional economic cooperation through peaceful processes. Although the EU model is unique, it could still provide many lessons for other RTAs. One key lesson from the EU’s experience for the crossstrait is that intensifying functional integration might play an important role in enhancing and consolidating regional cooperation and economic convergence. In particular, the EU’s objectives for European peace, security and prosperity have a special meaning for Taiwan-China economic relations. Taiwan and China could learn from the lessons offered by the EU model to change political confrontation or even to pursue economic cooperation. From the functional and pragmatic approaches of the EU model, the FTA will provide an opportunity for mutual benefit in cross-strait relations. Through the FTA, will Taiwan and China gradually integrate into one economic community or even one Chinese Union? The EU experience suggests that European integration has always been influenced by the political will of its Member States. The process towards a cross-strait FTA therefore requires a great political will and a commitment to peace and common interest from both Taiwan and China. This process will be a politically difficult venture for both sides. The success of a cross-strait FTA however, will facilitate further economic integration and could create an era of peaceful relations between Taiwan and China in the 21st Century.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128977768","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The United Nations Convention On Contracts for the International Sale of Goods (CISG) aims at the creation of uniform international sales law to facilitate international trade. However, there are numerous sources of divergence in interpretation and application of the Convention in different jurisdictions. It is therefore possible that courts of different countries interpret the words of the convention differently. This article investigates the major influences of domestic law on the Convention’s interpretation and application. Notably the so-called “homeward trend” of interpreters is discussed. The article furthermore scrutinises the scope of Article 4 CISG in order to delimitate the Convention and domestic law. Thereafter, the author investigates the consequences of overlapping Convention law and domestic law, that is, whether a concurrent application is permissible as there is no provision in the Convention that expressly stipulates that the Convention has to be applied exclusively. The purpose of the article is to reveal that there is an intense interplay between the Convention and domestic law in various areas. It is the author’s objective to illustrate these interplays and to present different legal approaches on how to handle them.
{"title":"The United Nations Sale Convention: Delimitation, Influences and Concurrent Application of Domestic Law","authors":"Tamo Zwinge","doi":"10.2139/SSRN.1675824","DOIUrl":"https://doi.org/10.2139/SSRN.1675824","url":null,"abstract":"The United Nations Convention On Contracts for the International Sale of Goods (CISG) aims at the creation of uniform international sales law to facilitate international trade. However, there are numerous sources of divergence in interpretation and application of the Convention in different jurisdictions. It is therefore possible that courts of different countries interpret the words of the convention differently. This article investigates the major influences of domestic law on the Convention’s interpretation and application. Notably the so-called “homeward trend” of interpreters is discussed. The article furthermore scrutinises the scope of Article 4 CISG in order to delimitate the Convention and domestic law. Thereafter, the author investigates the consequences of overlapping Convention law and domestic law, that is, whether a concurrent application is permissible as there is no provision in the Convention that expressly stipulates that the Convention has to be applied exclusively. The purpose of the article is to reveal that there is an intense interplay between the Convention and domestic law in various areas. It is the author’s objective to illustrate these interplays and to present different legal approaches on how to handle them.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126408632","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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