Systematization Of The International Sources Of Law On Contracts For International Sale Of Goods

The flourishing development of international trade in goods has promoted sustainable development of the unification of international trade law, the number of international sources of law on contracts for the international sale of goods is on the rise, which play active role in eliminating the differences arising from domestic civil laws in each country. Among the major international sources of law on contracts for international sale of goods, CISG has achieved the maximum level of unity in international legislation, and PICC covers all the relevant legal issues on the contract for the international sale of goods, they are milestones in the unification process of international trade law. However, as they are approved and applied widely in international trade, the fragmentation problem is more and more obvious in texts and in application, and the problem has set back the goal of eliminating the legal barriers in international trade and promoting the development of international trade. So this article aims to explore ways to achieve the systematization of international sources of law on contracts for international sale of goods. First, this article analyzes the necessity and possibility of the systematization of international sources of law on contracts for international sale of goods, and elaborates the standards of systematization, and analyses whether the international sources of law on contracts for international sale of goods conform to the standards, then illustrates various fragmentations. Finally, this article suggests that the international legislatures should play their role in considering the possibility of legislating new international trade law and making legislative interpretation, the judicial bodies should pay attention to the coordination, and refer to legal works, the systematization of international sources of law on contracts for international sale of goods can be achieved through these three basic ways There are four parts in the thesis. Chapter one analyzes the necessity and possibility of the systematization of international sources of law on contracts for international sale of goods. First, the development process of international sources of law on contracts for international sale of goods is reviewed briefly, from ULIS and ULF to CISG, then to PICC, and CISG and PICC will be introduced in detail, for they are the most important international sources of law on contracts for international sale of goods and the subjects of this article. Second, the chapter analyzes the necessity of the systematization of international sources of law on contracts for international sale of goods from the views of ensuring the international sources of law on contracts for international sale of goods be applied effectively in practice, providing a favorable international legal environment for international trade in goods, carrying out the basic values and principles of international trade, promoting their adoption and application by parties and judicial bodies in practice.Chapter two elaborates the standards of systematization, and analyses whether the international sources of law on contracts for international sale of goods conform to the standards. First, the comprehensiveness of content requires that legal system should include all legal norms in certain area. On the whole, the international sources of law on contracts for international sale of goods have conformed to this standard. Second, coordination and consistency requires that under the guidance of basic values and principles, there is no conflict among legal norms. The fragmentation mainly results from the uncoordinated and inconsistent interpretation and application of the international sources of law on contracts for international sale of goods, so there is need to improve to meet the standard. Third, stability and development, the former requires the laws must be stable in order to help the public form certain expectation for their actions, and prevent the decline of legal faith caused by frequent changes, the later requires legal norms should develop as society changes, and adapts themselves to the social development. The international sources of law on contracts for international sale of goods should be improved in development.Chapter three illustrates various fragmentations which frequently occurred and with great influence, they mainly include three aspects:first, reservations to CISG and varying degrees of acceptance to PICC damage the universal application of CISG and PICC, so the unity in the text is not fully implemented in practice. Second, it's the uncertainty of application in practice caused by parties'exclusion of application, the different interpretation to the applicable conditions, and some external rules have priority in application. Third, some judicial bodies make different and even opposite interpretations to the same rules of the international sources of law on contracts for international sale of goods, and lead to different decisions, for example, there are different interpretations to "goods" and "place of business" in Article 1 and "reasonable time" in Article 39.Chapter four proposes basic ways to achieve the systematization of international sources of law on contracts for international sale of goods. First, the international legislatures should play their role in considering the possibility of legislating new international trade law and making legislative interpretation. Legislating new international trade law or updating present international trade law is good way to achieve the systematization of international sources of law on contracts for international sale of goods at the beginning of legislation. After years of preparation and discussion, the legislatures know the true meaning of the rules best, so they should make interpretation. Second, the judicial bodies should pay attention to the coordination. Judiciaries should learn and refer to other judicial decisions as much as possible so as to make the same interpretation to the same rules and promote the realization of unification. Third, referring to the legal works, for they are the latest research in theory and practice, and they have important reference value and play important role in filling vacancies.