Whether The Tariff In Trade Control Is An "Impediment" In Article 79 Of CISG

Restraint of trade is an inevitable phenomenon in the context of economic globalization.In order to protect the development of domestic industries and national security,government of all countries inevitably takes the means of trade control.However,excessive trade control will lead to the destruction of the free trade order and the disruption of the trade market and other problems.In recent years,various tariff problems have triggered numerous "trade wars",which have seriously affected the healthy development of the world economy.As an important rule of the international sale of goods,CISG has important implications for the global economy development.The word "impediment" was first proposed in the article 79 of the exemption clause in CISG,and it will guide the conduct of contracts for the international sales of goods.This paper studies the "impediment" in article 79 of CISG,and then analyses whether the tariff problems in trade control belong to the "impediment" in article79.Firstly,this paper makes a brief analysis of trade control and tariff.Secondly,the "impediment" of CISG 79 is analyzed,including the legislative background and value,the main constituent elements,the discrimination between other similar concepts and its legal consequences.Then it analyses whether the tariff problems in trade control belong to the "impediment" in article 79 from multiple perspectives.Finally,analyses the attribution of tariff in trade control.Trade regulations are indispensable,but the intensity of regulations should be limited.The global economic development should still need to take free trade as the mainstreams,and the free trade system should be promoted and protected,which is also the common expectation of the world for future economic development.Through the preliminary analysis of the relationship between the tariff problems in trade control and the "impediment" in CISG 79,more thoughts and research results are provided for the attribution and development of the tariff problems in trade control and the application of the "impediment",hoping to provide certain references significance for the development of relevant theories.