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Article
Can the CISG Advisory Council Affect the Homeward Trend?
Vindobona Journal of International Commercial Law and Arbitration (2009)
  • Joshua D H Karton, University of Cambridge
  • Lorraine de Germiny
Abstract

The CISG is intended to serve as a uniform law for international sales. Like all conventions and uniform laws, it suffers from a practical weakness: there is little benefit in enacting uniform rules if they are applied inconsistently. A particular danger is posed by the so-called homeward trend—the tendency for national courts to be influenced by domestic laws and modes of legal reasoning. Since 2001, a group of scholars called the International Sales Convention Advisory Council (CISG-AC) has issued opinions on unsettled matters of CISG jurisprudence. A private initiative with no official status, the CISG-AC has nevertheless begun to garner attention from both academics and the courts. This article considers the CISG-AC—its formation, composition, and opinions—assesses the impact that it has had thus far on the uniform interpretation of the CISG, and considers its proper role in combating the homeward trend. This article will be published in the next edition of The Vindobona Journal of International Commercial Law and Arbitration 2009, Vol 13(1), and has been posted with the kind permission of the MAA

Disciplines
Publication Date
2009
Citation Information
This article will be published in the next edition of The Vindobona Journal of International Commercial Law and Arbitration 2009, Vol 13(1), and has been posted with the kind permission of the MAA.