20xx10071980年聯(lián)合國(guó)國(guó)際貨物銷售合同公約在成員國(guó)的適用與解釋國(guó)際研討會(huì)論文集(參考版)
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【正文】 in other words, roughly speaking, 22 Western, 11 socialist and 29 third world countries.[6] The CISG entered into effect in the first 11 States to adopt it on January 1, 1988.[7] Since then the rate of ratific。 and Giants of all countries: in a bibliography of over 8,000 citations, in archives of over 1,000 texts of mentaries, monographs and books on uniform international sales law, in over 2,000 rulings by arbitrators and judges of over 30 countries. The spirit of The Collected Models of Clarity and Lucidity of ancient China lives on in today‘s Information Age. ―Divided topically, th[at] book was easily consulted by anyone who had to write a decision on a related issue.‖19 So too it is with the Information Age material on uniform international sales law that you have at your disposal today. And it es to you with the added enrichment of puter search engines. The proper setting for uniform international sales law A global jurisconsultorium, or a ity of nations, is the proper setting for uniform international sales I have a vision of China in a global consultorium of prominent nations, each showing respect for one another, in concert with one another, while striving to improve trade in its own country and with others. Share this vision with me. Make it your vision as well. … 18 See Fan Yang, ―The Application of the CISG in the Current PRC Law and CIETAC Arbitration Practice‖, available online at 19 Valerie Hansen, supra n. 12 at 96. 20 For elaboration on this theme, see Camilla Baasch Andersen, ―The Uniform International Sales Law and the Global Jurisconsultorium‖, supra n. 1. THE UNIFORM INTERNATIONAL SALES LAW AND THE GLOBAL JURISCONSULTORIUM 9 Reproduced with the permission of 24 Journal of Law and Commerce (2021) 159179 THE UNIFORM INTERNATIONAL SALES LAW AND THE GLOBAL JURISCONSULTORIUM Camilla Baasch Andersen [*] [**] 1. Introduction 2. The Genesis of the CISG – A Phoenix of the Scholarly Global Jurisconsultorium 3. The Uniformity of the CISG 4. The Importance of Recognizing Uniform International Law as a Unique Discipline in Law 5. The Importance of International Case Law: Article 7(1) 6. Defining a CISG Precedent 7. A Look at CISG Case Law Using CISG Precedents 8. Conclusion 1. INTRODUCTION A global jurisconsultorium on uniform international sales law is the proper setting for the analysis of foreign jurisprudence. Vikki Rogers and Albert Kritzer, in A Uniform International Sales Law Terminology The 1980 Convention on Contracts for the International Sale of Goods (CISG) was drawn up in collaboration between scholars from many countries around the globe, and can be said to be a product of a largely global scholarly jurisconsultorium. This term is offered by Vikki Rogers and Albert Kritzer [page 159] in their excellent trade law thesaurus on terminology of international sales,[1] and they use it to denote the need for crossborder consultation in deciding issues of uniform law. It is an excellent descriptive term for the phenomenon of the meeting of minds across jurisdictions in the shaping of international law. However, the term jurisconsultorium also lends itself well to the formation of such law in a scholarly jurisconsultorium. In essence, this article will examine the genesis of the CISG, the scholarly jurisconsultorium from which it sprang, and the need for practitioners (. judges, arbitrators and legal counsel) to extend the jurisconsultorium in practice to ensure uniformity.[2] 2. THE GENESIS OF THE CISG A PHOENIX OF THE SCHOLARLY GLOBAL JURISCONSULTORIUM The 1980 Convention on Contracts for the International Sale of Goods (CISG) is labelled as the uniform international sales law. As of December 2021, it has been ratified by 65 countries across the globe.[3] According to a recent initiative by the Department of Trade and Industry, the CISG is again being considered for ratification by the United Kingdom.[4] Upon entry into force, the text of the CISG bees the applicable domestic law to international sales, governing the formation and substantive regulation of sales contracts in international sales. It is a major instrument in international trade and mercial law. 1980 年《聯(lián)合國(guó)國(guó)際貨物銷售合同公約》（ CISG）在成員國(guó)的適用與解釋 國(guó)際研討會(huì)論文集 10 One of the most significant aspects of the Convention is its uniformity and global recognition. It is the result of 13 years of diplomatic drafting among representatives of numerous nations. Improving on its less successful antecedents, the ULIS and the ULF (the 1964 Hague Conventions Uniform Law for International Sale and Uniform Law of formation), the aim was to [page 160] produce a convention which was truly global in reconciling legal traditions.[5] In figurative language, the intent was to create a fantastic phoenix of flaming global internationality from the ashes of these antecedents, which were perceived as too western. Thus, the UNCITRAL working groups conceiving the CISG were global in their representation, and the CISG was drawn up to represent all jurisdictions. It was a true global jurisconsultorium in its conception. Consider, for example, the fact that [a]t the United Nations Diplomatic Conference which adopted the CISG, 39。 And there is an abundance of helpful uniform law information freely and readily available to all on the Inter. China has an ancient tradition of respect for precedent. The precedents that are freely and readily available on the Inter: Can help all counsel improve the caliber of their service to clients。 and A final edit by a person fluent in English and Chinese, and knowledgeable in the CISG. To date, we report over 200 uniform law arbitration case translations that have earned the seal of the Professor Tang Houzhi Program. The importance of
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