Pushing the boundaries between domestic and unified laws, this book explores the differences between unification and harmonization. Bruno Zeller provides a critical examination of the Convention for the International Sale of Goods (CISG), the advances of international jurisprudence and the role of domestic courts, in order to consider whether unification is merely a myth or a reality.
Describing the salient features of unification and harmonization and using the CISG as a vehicle to test unification attempts, this volume touches on controversial points and fosters debates upon efforts to unify laws in discrete areas. It examines the assumption that the creation of a convention introduces a uniform law, which then contributes to the harmonization of international laws.
Provocative, this is a must read for postgraduates and researchers studying and working in the fields of comparative and international trade law.
1. Introduction 2. Uniformity of Laws: mapping the territory 3. Unification of Sales Laws: a discussion 4. Article 7 CISG: the tool to unified sales laws? 5. Conflict of Laws: is uniformity possible? 6. Specific Performance and Article 28 CISG 7. Gap Filling and Unification: where are the boundaries? 8. Transplantation of laws 9. Conclusion