CISG: 40 years of interpretation

Abstract

The use of the United Nations Convention on Contracts for the International Sale of Goods has been promoting business transactions throughout the world for more than 30 years. Its widespread application may be considered not only as a promotion of international sales but also as an endorsement of interdependence within the international environment. However, such a widespread use of the convention can also attract significant issues in provision of uniform application. There is a starting point for everything. When it comes to uniformity in the application of the convention, that starting point is interpretation. Nevertheless, as always, it is not that simple. Not only may the interpretation rules provided by the CISG create obstacles for the promotion of uniformity, but also the position of the convention within the realm of international law and its interrelation with the Vienna Convention on the Law of Treaties can cause uncertainty on primacy of the applicable interpretation sources. Therefore, in order to aspire to absolute uniformity in application, one must begin by seeking homogeneous interpretation.