Can the CISG Advisory Council Affect the Homeward Trend?
Vindobona Journal of International Commercial Law and Arbitration, Vol. 13, p. 71, 2009
20 Pages Posted: 22 Nov 2009
Date Written: November 19, 2009
The CISG is intended to serve as a uniform law for international sales. Like all conventions and uniform laws, it suffers from a practical weakness: there is little benefit in enacting uniform rules if they are applied inconsistently. A particular danger is posed by the ‘homeward trend’ – the tendency for courts to be influenced by domestic laws and modes of legal reasoning. Since 2001, a group of scholars called the International Sales Convention Advisory Council (CISG-AC) has issued opinions on unsettled matters of CISG jurisprudence. A private initiative with no official status, the CISG-AC has nevertheless begun to garner attention from both academics and the courts. This article describes the CISG-AC – its formation, composition, and opinions – assesses the impact that it has had thus far on the uniform interpretation of the CISG, and considers its proper role in combating the homeward trend.
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