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

See all articles by Joshua Karton

Joshua Karton

Queen's University Faculty of Law; National Taiwan University - College of Law

Lorraine de Germiny

affiliation not provided to SSRN

Date Written: November 19, 2009

Abstract

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.

Suggested Citation

Karton, Joshua and de Germiny, Lorraine, Can the CISG Advisory Council Affect the Homeward Trend? (November 19, 2009). Vindobona Journal of International Commercial Law and Arbitration, Vol. 13, p. 71, 2009. Available at SSRN: https://ssrn.com/abstract=1509710 or http://dx.doi.org/10.2139/ssrn.1509710

Joshua Karton (Contact Author)

Queen's University Faculty of Law ( email )

Macdonald Hall
128 Union St.
Kingston, Ontario K7L3N6
Canada

National Taiwan University - College of Law ( email )

No.1, Sec.4, Roosevelt Road
Taipei, 10617, 10617
Taiwan

Lorraine De Germiny

affiliation not provided to SSRN

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