Article Iv Of The United Nations Convention On International Sales Contracts Applicable Research

United Nations Convention of International Sale of Goods, as the fundamental pillar ofsubstantive law in international trade law discipline, China is one of its importantcontracting parties. Accession to this international convention is quite impactful toChina's judicial practice as well as raises the new issues for its domestic application. InChina's legal system, it is only roughly regulated as to the application of internationallaw in domestic legal system; this triggers the specific issues in the domesticapplication which inherently interacts with the stipulation of the convention per se aswell as the legislation and understanding of legislative intent. This article, focusing onthe general stipulations in Aarticle 4 of the Convention , combining the legislativehistory and settings, related international law theories and practice development aswell as applications in various jurisdictions, profoundly and systematically deliberatethe legislative intent as well as its specific application process of Article 4. The firstpart is the legislative background and the general interpretation of its application scope,analyzes and discusses the legislative body and application scope of the Convention,come up with the concept of procedural application and substantive application; as themajor part of the article, the second part interprets the stipulation and restrictionsof substantive application and procedural application. For the validity restriction,the article goes back to the international legislation of its predecessor andsystematically interprets the currently prevailing three schools of interpretationapproach of "validity" with the observation that the validity issue shall be observedand handled against the background as the macroscopic environment of Internationallegal system as balanced approach. The last portion of the Article discusses the practicalapplication of Article 4 , section 1 under China's legal system inclusive of proceduraland substantive parts. Based upon the case adjudicated by a high court and severalarbitration awards, the article deliberates the situation of actual practice inChina of the Convention.Following this section is the discussion echoing the first part as to the theoreticalanalysis of the procedural and substantive application in China with the generation ofmy own ideas.