Chapter 3. Unification of sales laws. A discussion
| Pages | 33-38 |
| Author | Bruno Zeller |
Chapter3
Unificationofsaleslaws
A discussion
A. Unification of sales laws – a futility or a success
There are views which suggest that unification of international sales laws
remains a myth. On the other hand, strong arguments have been advanced
that unification has at least a clear goal, whereas harmonisation is
indeterminate and less ambitious.72 Such a view would suggest that
uniformity is a tool and – because of a clear goal – lends itself to be
measured. In other words, the possibility exists to gauge the success of an
international convention by objectively determined goals or objectives.
Once such goals and objectives are established, acceptance through
ratification becomes a possibility, and a conclusion can be drawn whether
the CISG or any other convention for that matter has achieved unification in
a particular area of law. A clear statement of common goals is important. It
must be the first step in an analysis of whether the CISG – or any other
conventions for that purpose – is acceptable.
Once the initial step of acceptance has been achieved, the problem of a
uniform application of the international instrument can be studied next. The
suggestion has been made that the reason for the success of the CISG
arguably is that it contains very few provisions that would annoy any
particular interest group.73 The rules allow ‘unbounded discretion to the
decision-makers who must apply them . . . and allow decision-makers
almost any choice they wish’.74
I. Uniformwords not toensure uniform results?
Two problems need to be addressed and understood. First, it has been
argued that ‘uniform words do not always ensure uniform results’.75 This
should allegedly be so because different legal systems may perceive the
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