Uniform Interpretation Of The United Nations International Sale Of Goods Convention On Contracts "

The purpose of United Nations Convention on Contracts for the International Sale of Goods (hereinafter called" CISG") is to unify the sales law, however, whether the purpose can be attained mainly depends on whether a unified interpretation of CISG can be made. The formulation of CISG extended for a long time. The process of the formulation determines that CISG is an international law with compromise and that the ambiguity and difficulty to achieve uniformity. And the compromise of CISG renders there are some ambiguity and gaps. In addition to the ambiguity and gaps, the homeward trend in the construction of CISG prevented the achievement of the uniformity. In order to guarantee the uniformity of construction, the drafters of CISG, the drafters of CISG formulate Article 7. The international character and uniformity in application required by this provision means that the interpreter shall not interpret CISG with national interpretation methods and techniques, and that the interpreter has the obligation to consider and respect the decisions and awards of foreign tribunals. Article 7.2 of CISG requires the interpreters to fill the gaps with general principles. As the requirement of Article 7, many methods for achieving uniformity are thought out. Among these methods, the ideal is to establish an international commercial court specially entrusted to interpret CISG. However the establishment of CISG is nearly impossible in practice. Then an Permanent Editing Committee is proposed to make non-binding comments on the interpretation made by national tribunals. However, how to establish a committee with authority on interpretation is still a problem. At present, the interpretation can not be madeby international institutions. Instead, the interpretation is still made by national tribunals and the uniformity can only be achieved by the national tribunals. Autonomous interpretation is proposed to prevent the homeward trend in interpretation. Autonomous interpretation is useful to prevent homeward trend, but it does not positive guide how to interpret CISG. However the case interpretation is useful for the interpreters to understand how the same or similar problem be solved by other tribunals and promote the uniformity of interpretation. Article 7.2 requires the gap to be filled on basis of general principles. General principles guides the gap-filling but the identification of general principles a subjective process. And the UNIDROIT Principles is taken to interpret the CISG. The interpretation by UNIDROIT Principles certainly avoids the subjective process. But whether UNIDROIT Principles is the principles that CISG bases is still of question. In a word, the uniformity of interpretation of CISG is critical to the success of CISG, but the characters of CISG itself determines that it is difficult to achieve the uniformity of interpretation, and determines that the case interpretation and gap-filling by general principles shall be adopted to promote the uniformity of interpretation of CISG .