Copyright (c) 2005 Washington University
Washington University Global Studies Law Review
ARTICLE: FITTING THE "SITUATION": THE CISG AND THE REGULATED MARKET
4 Wash. U. Global Stud. L. Rev. 1
ANDREA L. CHARTERS*
This Article considers what kind of market analysis appears when "objective intent" rules and standards are used to help decide international sales cases adjudicating quality of goods disputes and whether and how these decisions are consistent with the goals of uniformity, good faith, and international character. These goals are expressed in standards under the Convention on Contracts for the International Sale of Goods ("CISG" or "Convention"), 1 a treaty entered into by a group of states that account for over two-thirds of world trade. 2 The Convention's usefulness in achieving article 7's three standards: uniformity, good faith, and international character - along with a fourth goal, benefiting international trade, 3 - has been extensively debated in the literature. 4 Critiques of the efficacy of the CISG include the divergent legal systems, the broad standards, the meaning of "good faith," and the criteria for "international character."
I will argue that the "situation" of international trade is well fit by the tribunals' choices of analysis based on a particular type of market, discussed infra, which works with the social-political-economic system in which the CISG operates. By looking systematically at the way the market and other factors appear in the cases and at the institutional "system" that influences international trade, a new perspective can be adopted that illuminates the functioning of the CISG in terms of its goals.
The CISG is interesting to study for at least two primary ...
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