CISG Methodology
:
André Janssen, Olaf Meyer
:
André Janssen, Olaf Meyer (Eds.)
:
CISG Methodology
:
sellier.european law publishers
:
9783866537224
:
1
:
CHF 61.30
:
:
Internationales Recht, Ausländisches Recht
:
English
:
407
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DRM
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PC/MAC/eReader/Tablet
:
PDF
< >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.
Frontmatter
1
Table of contents
11
Preface
13
Methodological Problems in the Drafting of the CISG
17
Tracing Methodology in the CISG: Dogmatic Foundations
45
Literal Interpretation: The Meaning of the Words
73
Legislative Intention and the CISG
103
Case Law Precedent and Legal Writing
125
The Observance of Good Faith in International Trade
145
An Economic Analysis of the CISG
163
Homeward Trend: What, Why and Why Not
183
Macro-Systematic Interpretation of Uniform Commercial Law: The Interrelation of the CISG and Other Uniform Sources
219
The CISG and Its General Principles
273
The Role of the UNIDROIT Principles and the PECL in the Interpretation and Gap-filling of CISG
299
Constructive Interpretation – Applying the CISG in the 21st Century
331
The Interpretation of the CISG in China
355
The Interpretation of the CISG in the Arab World
367
CISG and Arbitration
387
