Research On China's Reservation To The Article 1(1)(b) Of The United Nations Convention On Contracts For The International Sale Of Goods

Along with the internationalization of economic, the obstruction of law must be broken in order to accelerate the international commercial transactions over the world. Therefore, the United Nations Convention on Contracts for the International Sale of Goods was advised. It is an influential convention on the substantive law with comprehensive application in international goods trading and was drafted by the United Nations Commission of International Trade Law. Whereas, most of countries made a reservation that they will not bound by subparagraph (1) (b) of the article 1 of the CISG, China takes the same attitude since it believes the execution of that law would bring uncertainty and will put obstruction to the administration of domestic law. Nowadays, since the CISG is widely applied in court and arbitration tribunal, the author study the specific application of article 1 (1) (b) of the CISG based on the practice of court and arbitration tribunal. The necessity and feasibility of withdrawing china's reservation is also included.This thesis is divided into four parts. In the first part the author mainly analyzed the establishment process and the specific application of article 1 (1) (b) of the CISG. The second part is the introduction to the background of article 95 in the CISG, then emphatically discussed the complicated circumstance and its advantages and disadvantages after the reservation to article 1 (1) (b) of the CISG The third part based on the practice of Chinese court and arbitration tribunal, explained and evaluated the application of this article in china, then analyzed the impact of china's reservation to article 1 (1)(b) of the CISG to parties, courts and arbitration agencies. The final part is about the feasibility and necessity of withdrawing china's reservation to article 1 (1) (b) of the CISG. Finally, we summarize the issues of after withdrawing the reservation.