The importance of the CISG Advisory Council and its opinions in uniform application of the CISG

Sindija Damberga

Research output: Contribution to conferenceAbstractpeer-review

Abstract

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is a well-known uniform law in international trade. Article 7 of the CISG sets general guidelines for its interpretation, among others – the need to promote uniformity. Most academics have "agreed" that this interpretation obLīgation means that courts and arbitral tribunals before rendering their judgement should evaluate the case law of courts in other jurisdictions and read the academic writings. It could be stated that the most comprehensive discussion of academic views in the field of international sales law is reflected in the opinions published by the CISG Advisory Council. The objective of this study is to focus on the role and contribution of the Advisory Council in ensuring the uniform application of the CISG. In order to achieve this objective, the author analyzes whether and how this source has been used in CISG-related cases by courts in selected CISG contracting states and especially in Latvia. This is a doctrinal research with empirical elements where author evaluates and compares the findings expressed in academic publications with the opinions expressed in court decisions and evaluates their compliance with the objectives of the CISG. The study reveals that, although the Advisory Council is not an official interpretative body of the CISG, its role in the interpretation of the CISG has become more important, taking into account that more and more courts have referred to its Opinions. However, the situation in Latvia differs. It can be concluded that the courts in the Republic of Latvia have been rather reluctant in using the Advisory Council’s opinions as a tool in interpreting the CISG. The author concludes that the Advisory Council’s Opinions (at this moment, 21 in total) on unclear and controversial CISG issues contribute to the uniform application of the CISG
Original languageEnglish
Pages36
Publication statusPublished - 24 Mar 2021
Externally publishedYes
EventRSU Research week 2021: PLACES - Rīga, Latvia
Duration: 25 Mar 202125 Mar 2021
https://rw2021.rsu.lv/conferences/places

Conference

ConferenceRSU Research week 2021: PLACES
CountryLatvia
CityRīga
Period25/03/2125/03/21
Internet address

Field of Science

  • 5.5 Law

Publication Type

  • 3.4. Other publications in conference proceedings (including local)

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