Research On China’s Reservation To The Article1(1)b Of The United Nations Convention On Contracts For The International Sale Of Goods

With the sustained and rapid development of economy of our country， especially in the lastten years, China play an more and more important role in the word trade. International Businessand Economics are more and more frequent between China and other countries of the world. As aresult, international trade dispute is raised correspondingly. United Nations Convention onContracts for the International Sale of Goods(hereinafter referred to as Convention or CISG) hasbeen becoming a most important substantive law in the trade between China and othercountries, no other convention can be mentioned in the same breath. in the world trade field. It’sfunction in solving the foreign-related contract disputes is becoming increasingly apparent. Inour acceptance of the Convention, our country reserve article1(1)b depend on our actualsituation and requirement. With further development of our Reform and Opening and nationalcondition’s transformation, the original history reason is no further exist. Withdraw this section cansolve this complicated situation for application of the convention radically. The papercombining theory with our country’s practice of court and arbitration, draw a conclusion that it’stime to withdraw the reservation of this article.This thesis are divided into three part, the first part elaborate the content of the article1(1)band how to apply it and the background of article95. Analyze the reason of why the reserving statereserve this article. The second part analyze China’s reason for reserving this article and thebeneficial effect for our country. Closely combined juridical practice, through case analysis, thefollowing conclusions were obtained, the reserve of article1(1)b can limit party ’s autonomy andspur the forum—shopping and other defects. The third part mostly analyze the necessity andfeasibility to withdraw the reservation. Through the analysis of theory and practice and combinewith the practice of at home and abroad, we draw a conclusion that our country should withdrawthe reservation of article1(1) b. At last, we clarify the retroactivity of reserving the article1(1) b.