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Published online by Cambridge University Press: 20 October 2009
UNIFORM LAW FOR THE INTERNATIONAL SALE OF GOODS
International trade historically has been subject to numerous domestic legal systems, mainly by virtue of the rules of private international law. The disputes arising out of international sales contracts have been settled at times according to the lex loci contractus, or the lex loci solutionis, or the lex fori. This diversity of the various legal systems applied has hindered the evolution of a strong, distinct, and uniform modern lex mercatoria. Such legal diversity creates legal uncertainty and imposes additional transactional costs on the contracting parties.
The idea of a unified international trade law represents the revival of an ancient trend toward unification that can be traced to the Middle Ages and that had given rise to the “law merchant.” Historically, international trade law has developed in three stages: the old “law merchant,” its integration into municipal systems of law, and finally, the emergence of the new “law merchant.”
The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) represents the most recent attempt to unify or harmonize international sales law. The Convention creates a uniform law for the international sale of goods.
This is clearly stated in the Preamble9 that introduces the Articles of the Convention:
THE STATES PARTIES TO THIS CONVENTION,
BEARING IN MIND the broad objectives in the resolutions adopted by the sixth special session of the General Assembly of the United Nations on the establishment of a New International Economic Order, […]
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