Has the CISG Advisory Council Come of Age?

48 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 United Nations Convention on Contracts for the International Sale of Goods (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. More than seventy countries have now ratified the CISG and their courts have reached significantly diverging interpretations on several CISG provisions. Moreover, there is no centralized authoritative body to promote uniform interpretation. 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, including one citation by a U.S. Federal District Court. This article considers the formation, composition, procedures, and mission of the CISG-AC, assesses the impact that it has had thus far on the uniform interpretation of the CISG, and considers its proper role in the CISG interpretive community. While the CISG-AC has not as yet had a significant impact on uniform interpretation of the CISG, it has generated increasing legitimacy as an authoritative commentator on the CISG.

Suggested Citation

Karton, Joshua and de Germiny, Lorraine, Has the CISG Advisory Council Come of Age? (November, 19 2009). Berkeley Journal of International Law (BJIL), Vol. 27, No. 2, 2009. Available at SSRN: https://ssrn.com/abstract=1509761 or http://dx.doi.org/10.2139/ssrn.1509761

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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