CISG Methodology /
Janssen, André
CISG Methodology / André Janssen, Olaf Meyer. - 1 online resource (395 p.)
Frontmatter -- Table of contents -- Preface -- Methodological Problems in the Drafting of the CISG -- Tracing Methodology in the CISG: Dogmatic Foundations -- Literal Interpretation: The Meaning of the Words -- Legislative Intention and the CISG -- Case Law Precedent and Legal Writing -- The Observance of Good Faith in International Trade -- An Economic Analysis of the CISG -- Homeward Trend: What, Why and Why Not -- Macro-Systematic Interpretation of Uniform Commercial Law: The Interrelation of the CISG and Other Uniform Sources -- The CISG and Its General Principles -- The Role of the UNIDROIT Principles and the PECL in the Interpretation and Gap-filling of CISG -- Constructive Interpretation – Applying the CISG in the 21st Century -- The Interpretation of the CISG in China -- The Interpretation of the CISG in the Arab World -- CISG and Arbitration
restricted access http://purl.org/coar/access_right/c_16ec
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.
Mode of access: Internet via World Wide Web.
In English.
9783866537224
10.1515/9783866537224 doi
Export sales contracts.
LAW / Contracts.
346.072
CISG Methodology / André Janssen, Olaf Meyer. - 1 online resource (395 p.)
Frontmatter -- Table of contents -- Preface -- Methodological Problems in the Drafting of the CISG -- Tracing Methodology in the CISG: Dogmatic Foundations -- Literal Interpretation: The Meaning of the Words -- Legislative Intention and the CISG -- Case Law Precedent and Legal Writing -- The Observance of Good Faith in International Trade -- An Economic Analysis of the CISG -- Homeward Trend: What, Why and Why Not -- Macro-Systematic Interpretation of Uniform Commercial Law: The Interrelation of the CISG and Other Uniform Sources -- The CISG and Its General Principles -- The Role of the UNIDROIT Principles and the PECL in the Interpretation and Gap-filling of CISG -- Constructive Interpretation – Applying the CISG in the 21st Century -- The Interpretation of the CISG in China -- The Interpretation of the CISG in the Arab World -- CISG and Arbitration
restricted access http://purl.org/coar/access_right/c_16ec
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.
Mode of access: Internet via World Wide Web.
In English.
9783866537224
10.1515/9783866537224 doi
Export sales contracts.
LAW / Contracts.
346.072