Remedies in International Sales
Perspectives from CISG, UNIDROIT Principles and PECL
[Juris Publishing (2007) <http://www.jurispub.com>]
Editor Marie Stefanini Newman
This is the second treatise published this year under the auspices of the Pace Institute of International Commercial Law. The Institute was founded to foster international business transactions by sharing knowledge about international commercial law. The first treatise, An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law, is edited by Dr. John Felemegas. This second treatise, written by Chengwei Liu of China, is another important contribution to the growing literature on international sales law.
This treatise takes a unique approach, comparing remedies for non-performance from the perspectives of the United Nations Convention on Contracts for the International Sale of Goods (the CISG), the UNIDROIT Principles of International Commercial Contracts (the UNIDROIT Principles), the Principles of European Contract Law (the PECL), and case law from courts and arbitral tribunals from around the world. In doing so, the book exemplifies the "skeletal theory" of Professor Albert H. Kritzer, Executive Secretary of the Institute.
According to Professor Kritzer, when compared to the United States' Uniform Commercial Code, the CISG is in some respects a minimalist document; furthermore, it lacks an official commentary that would help lawyers interpret the meaning of its provisions. In contrast, both the UNIDROIT Principles and the PECL have official commentaries with examples that further understanding of the texts; by looking at the UNIDROIT Principles and the PECL along with the CISG, in cases where the texts are similar or identical, one is able to put "flesh" on the CISG's bones and fill in gaps in the text.
This book not only examines the CISG alongside companion provisions of the UNIDROIT Principles and the PECL, but also includes extensive citations to and discussions of cases that have construed the CISG. For the first time, relevant decisions of the China International Economic and Trade Arbitration Commission (CIETAC), one of the busiest arbitral tribunals in the world, have Remedies in International Sales been considered, as are recent cases from many other jurisdictions, some decided as recently as early 2006. The text reflects the belief of many scholars that foreign case law, while not binding, should at the very least inform the consideration of the CISG in order to bring about a uniform international law of sales. As CISG Article 7(1) states, "regard is to be had to [the Convention's] international character and the need to promote uniformity in its application." Mr. Liu's treatise furthers this objective admirably.
Marie Stefanini Newman, Editor
Law Library Director and Associate Professor of Law
Pace University School of Law,
Pace Institute of International Commercial Law
White Plains, New York, USA
1 October 2006