The Interpretive Turn in International Sales Law: An Analysis of Fifteen Years of CISG Jurisprudence

143 Pages Posted: 21 Oct 2009 Last revised: 26 Jul 2012

See all articles by Stephanie M. Greene

Stephanie M. Greene

Boston College - Carroll School of Management

Larry A. DiMatteo

University of Florida - Levin College of Law

Lucien J. Dhooge

University of the Pacific (UOP) - Eberhardt School of Business

Virginia G. Maurer

University of Florida

Marisa Anne Pagnattaro

University of Georgia - C. Herman and Mary Virginia Terry College of Business

Date Written: October 19, 2004

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.

Suggested Citation

Greene, Stephanie M. and DiMatteo, Larry A. and Dhooge, Lucien J. and Maurer, Virginia G. and Pagnattaro, Marisa Anne, The Interpretive Turn in International Sales Law: An Analysis of Fifteen Years of CISG Jurisprudence (October 19, 2004). Northwestern Journal of International Law & Business, Vol. 24, No. pp. 299-440, 2004. Available at SSRN: https://ssrn.com/abstract=1491342

Stephanie M. Greene (Contact Author)

Boston College - Carroll School of Management ( email )

140 Commonwealth Avenue
Chestnut Hill, MA 02467
United States

Larry A. DiMatteo

University of Florida - Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States

Lucien J. Dhooge

University of the Pacific (UOP) - Eberhardt School of Business ( email )

3601 Pacific Avenue
Stockton, CA 95211
United States
209-946-2011 (Phone)

Virginia G. Maurer

University of Florida ( email )

PO Box 117165, 201 Stuzin Hall
Gainesville, FL 32610-0496
United States

Marisa Anne Pagnattaro

University of Georgia - C. Herman and Mary Virginia Terry College of Business ( email )

Brooks Hall
Athens, GA 30602-6254
United States

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