The interpretive turn in international sales law

Abstract

This article reviews the U.N. Convention on Contracts for the International Sale of Goods (CISG), a body of uniform rules for international sales of goods but which also accounts for different social economic and legal systems among the countries, all in order to promote the development of international trade. The authors survey the many CISG provisions that are the product of compromise, and analyze whether these have been effective, or whether they have had a negative effect resulting in further chaos in of international trade and transactions. The authors review CISG decisions by national courts, as well as by arbitration panels. The authors conclude that there is a wide disparity between interpretations of CISG provisions, which is contrary to the stated goal of uniformity of interpretation, but that the CISG has value as a default standard for courts to rely on when construing disputes involving CISG provisions.