Ch.15 Regional Developments and the CISG

Subject(s):

Contract — Choice of law — UN Sales Convention and damages

This chapter explores the various regional developments in relation to their utility compared with the United Nations Convention on Contracts for the International Sale of Goods (CISG). There were several regional developments in attempting to draft a contract laws which were either in competition with the CISG or attempted to assist the CISG in the harmonisation effort of creating a global contract law. The EU was a big driver in this attempt not only creating the Principles of European Contract Law (PECL) but also the Common Frame of Reference (CFR) and lately, the Common European Sales Law (CESL). It can be argued that the problem in the EU is the issue that formulating agencies are not flexible in choosing an instrument and in conceiving ways in which hard and soft law may best supplement each other.