ANNOTATED TEXT OF CISG
Preamble

THE STATES PARTIES TO THIS CONVENTION,

BEARING IN MIND the broad objectives in the resolutions adopted by the sixth special session of the General Assembly of the United Nations on the establishment of a New International Economic Order,

CONSIDERING that the development of international trade on the basis of equality and mutual benefit is an important element in promoting friendly relations among States,

BEING OF THE OPINION that the adoption of uniform rules which govern contracts for the international sale of goods and take into account the different social, economic and legal systems would contribute to the removal of legal barriers in international trade and promote the development of international trade,

HAVE DECREED as follows:

Legislative history || Case Law || Scholarly writings || Links to related articles || Words and phrases || CISG (full-text)

Guide to the Preamble

• Editorial analysis of the Preamble with cross-references to related subjects, Albert H. Kritzer [U.S.]

• Chronology of development of the Preamble at the 1980 Vienna Diplomatic Conference

Case law

• An example of a case law reference to the Preamble.

  10 May 2002 United States District Court [Southern Dist. NY] Geneva Pharmaceuticals Tech. Corp. v. Barr Labs. Inc., 201 F.Supp.2d 236 at 285

  "The intent of the contracting parties to the CISG can be discerned from the introductory text, which states that 'the adoption of uniform rules which govern contracts for the international sale of goods and take into account the different social, economic and legal systems would contribute to the removal of legal barriers in international trade and promote the development of international trade.' 15 U.S.C.App. at 53. The CISG further recognizes the importance of 'equality and mutual benefit.' Id. These objectives are reiterated in the President's Letter of Transmittal of the CISG to the Senate as well as the Secretary of State's Letter of Submittal of the CISG to the President. Id. at 70-72. The then-Secretary of State, George P. Schultz, noted:

  'Sales transactions that cross international boundaries are subject to legal uncertainty - doubt as to which legal system will apply and the difficulty of coping with unfamiliar foreign law. The sales contract may specify which law will apply, but our sellers and buyers cannot expect that foreign trading partners will always agree on the applicability of United States law. … The Convention's approach provides an effective solution for this difficult problem. When a contract for an international sale of goods does not make clear which rule of law applies, the Convention provides uniform rules to govern the questions that arise in making and performance of the Contract.' Id. at 71.

  "This court concurs that 'the expressly stated goal of developing uniform international contract law to promote international trade indicates the intent of the parties to the treaty to have the treaty pre-empt state law causes of action.' Asante Tech., Inc. v. PMC-Sierra, Inc., 164 F.Supp.2d 1142, 1151 (N.D.Cal. 2001)."

Scholarly writings on the Preamble

• Selected law journal articles and other commentaries

• Report on views of Fritz Enderlein & Dietrich Maskow, Malcolm Evans, John O. Honnold, Horacio A. Grigera Naón, Joseph Lookofsky and Peter Schlechtriem as to the legal importance of the Preamble

• Excerpt from John Felemegas [Australia], The United Nations Convention on Contracts for the International Sale of Goods: Article 7 and Uniform Interpretation, Pace University Essay (February 2001)

• Amy H. Kastely [U.S.], "Unification and Community: A Rhetorical Analysis of the United Nations Sales Convention, 8 Northwestern Journal of International Law and Business 574-622 [It is Prof. Kastely's position that the Preamble "informs" the various provisions of the CISG]
• Kazuaki Sono [Japan], The Vienna Sales Convention: History and Perspective, in: Sarcevic & Volken eds., International Sale of Goods: Dubrovnik Lectures, Oceana (1986) 1-17
• To identify other relevant commentaries, go to Bibliography and Bibliography Search Form

Links to related articles

• Go to Annotated Text of Article 7 (see comments below by Enderlein & Maskow as to relationship between the Preamble and Article 7)

Words and phrases

Enderlein & Mascow attach the following significance to key words and phrases encountered in the Preamble.

Click here for the full text of Enderlein & Maskow's remarks on the Preamble.