The Uniform Interpretation Studies Of CISG

The United Nations Convention on Contracts for the International Sale of Goods(hereinafter called “CISG”) is the most important substantive law in International commercial contacts. It is also the primary basis to resolve international contract disputes. The purpose of CISG is to unify the trade law, however, whether the purpose can be attained mainly depends on whether a unified interpretation of CISG can be made. Today, is there a unified interpretation of CISG in states parties so that it can be applied uniformly? Many methods for achieving uniformity in interpretation have been proposed, are there some problems existing among these methods? And how to achieve an uniform explanation effectively? The purpose of this article is to solve the problems of explaining CISG uniformly.With the guidance of the existing methods, there are still many inevitable problems, such as the vague languages, the insufficient travaux préparatoires and the less authoritative academic works. So it can hardly achieve the purpose of CISG. In outcome-oriented angle, making reference to the case law of CISG(including foreign CISG case law and domestic CISG case law) is an effective method and the final step to achieve the uniformity in interpretation and application of CISG. This method is feasible in theory and practice. In order to solve the potential problems of the legal interpretation method in CISG Case Law, the author hopes to set up or improve the official case law database of The United Nations commission on international trade law and obtain the typical cases and case reviews. Then it is easy to obtain the CISG cases and solve the contradiction between the different explanations. At the same time, the judges of the states parties will admit and pay attention to the CISG case law. Through the choice and accumulation in practice, it will achieve an uniform interpretation which will conform to the characteristics and purpose of CISG. So as the author’s opinion, establishing the CISG Case Law is a more effective interpretation method.This paper is divided into five parts:The first part is the introduction. This part is mainly divided into three levels: 1. This part introduces the background and the meaning of uniform interpretation, and on this basis, to clarify that achieving a uniform interpretation of CISG is the inevitable requirement of a uniform and substantive treaty. 2. The literature review of the domestic and foreign research on the uniform interpretation of CISG. By the literature review, the author finds out that, especially in recent years, there is few domestic research on the uniform interpretation of CISG. By contrast, there are more foreign researches and cases. Most authors are awareness of the need for a uniform interpretation and explore the uniform interpretation method of CISG actively. 3. To analyze the significance of uniform interpretation, it is in line with the spirit of the law, especially the goal of international private law, which can be illustrated as “the same case will achieve the same judgment wherever it is judged”.The second part is discussing the existing methods in explaining CISG. It is divided into two levels. The first level is to analyze the peculiar principle in interpretation of, namely, the article 7 of CISG, article 7 of CISG has the features of principle, the guiding role of it is not operable; The second level is the study on the generally interpretative methods that are internationally recognized, which mainly analyzes the existing methods such as direct interpretation method, and the methods depending on Travaux Préparatoires and Scholarly Writings. At the same time, discusses the advantages and the potential problems of the existing methods respectively.The third part examines the usefulness of the exiting methods with the article 74 of CISG. The structure is corresponding to the second part. The author analyzes the practical problems in explaining article 7 of CISG, and find out that many basic concepts or important principles are ambiguous.The fourth part, the author proposes a method called CISG Case Law to remove the obstacles in explaining the CISG. This part is divided into two levels: in the first level, the author finds out that most states admitting the persuasive value of CISG Case Law through comparative research and case analysis. The CISG Case Law is feasible on both theoretical and empirical aspects; In the second level, it discusses the establishment of the CISG Case Law. This level is divided into three steps: The first step illustrates that CISG Case Law is based on its persuasive value and is different from the genuine meaning of Case Law. The second step analyzes the potential problems and their solutions. The third step tries to consummate this explanation method. In order to enhance the persuasion of CISG Case Law, the author wants to set up a better case law database, publish case assembly and case comments through the United Nations Commission on International Trade Law.The fifth part is conclusion.