Chapter 1. Introduction
| Pages | 11-12 |
| Author | Bruno Zeller |
Chapter1
Introduction
This book starts with the premise that unification of law serves a useful
purpose. This is so because internationalisation or globalisation has in effect
forced the law to take a more global approach. As trade increasingly crosses
borders so by necessity has the law. Transplantations, the drafting of model
laws and ratification of conventions are the responses of legal systems to
internationalisation and are occurring at an increased pace.
In an ideal world one law would be applicable to cover all transactions of
a similar nature wherever they occur. This unfortunately is not the case, nor
will it eventuate in the foreseeable future. Municipal interests and ‘sacred
cows’ will always be stumbling blocks to the unification process. However
international conventions in discrete areas of law are the ‘next best thing’ in
the process of creating a global law. However even international
conventions are not codes and hence do not cover a complete area of law.
Domestic law is always needed to fill the resulting gaps. The unification
process is curtailed as soon as domestic law needs to be applied. This book
takes a hard look at the confluence of the spheres of influence of a
convention and domestic laws.
For the purpose of showing that unification is desirable, the Convention
on Contracts for the International Sale of Goods (CISG) will be analysed.
One of the reasons is that, unlike earlier conventions, the CISG included a
definitional section in its regime, namely article 7. This article is the most
significant development as it not only assists to define the instrument itself
but it also sets the borderline of influence between the CISG and the
application of domestic law. This is so because – as pointed out above – the
CISG is not a code and hence gaps exist, which by definition need to be
filled by municipal laws.
Many authors and tribunals have examined the extent to which the CISG
is applicable and which areas are excluded from its scope. The internal
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