Schlechtriem & Schwenzer: Commentary on the UN Convention on the International Sale of Goods (CISG)

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9780199568970: Schlechtriem & Schwenzer: Commentary on the UN Convention on the International Sale of Goods (CISG)

The Convention on the International Sale of Goods is one of the most successful attempts to unify parts of the law of international commerce. The Convention is now in force in more than 70 states and there are thousands of decisions by courts and arbitral tribunals that apply the rules of the Convention with the numbers increasing each year. As well as growing case law there are numerous books and innumerable contributions by scholars and practitioners on the Convention and its various topics and problems. Moreover, the CISG has had a great influence on modern domestic laws, such as the German Law of Obligations and the codifications in former Socialist states as well as on projects to unify the law, for example the UNIDROIT Principles for International Commercial Contracts and the European Principles of Contract Law.

This is the third English edition of the Commentary on the UN Convention on the International Sale of Goods (CISG), the first having published in 1998. It is based on a broad comparative analysis of decisions and scholarly contributions from all states which have enacted the Convention. The contributors to this book, all being experts in their respective fields, base their analysis on the conviction that understanding and interpretation of the Convention requires close comparison and careful consideration of judicial and scholarly views from all jurisdictions. The previous editions of this Commentary have become an important source for the reading and explanation of the Convention, and are frequently cited by legal writers, courts and tribunals from all over the world.

Since the second edition of the Commentary published in March 2005, 10 countries including Japan and Turkey have acceded to the CISG, and the UK is now the only important trading nation that is not party to the Convention. The recent reporting of 273 CIETAC awards on the CISG not only demonstrates the level of litigious activity in the field but also sheds light on the Chinese perspective on the convention. The Advisory Council of the CISG (CISG-AC) has adopted four new opinions with comments on important issues such as the contracts for sale of goods to be manufactured or produced, the buyers right to avoid the contract in case of non-conforming goods or contracts, the calculation of damages under CISG, Art 74, and the exemption of liability for damages under CISG, Art 79. This third edition of the Commentary considers the developments brought about by the accession of these new states, as well as commenting on major decisions in international case law and the impact of developments in domestic law (such as AG v Blake [2001] 1 AC 268) on an international level.

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About the Author:


Ingeborg Schwenzer is Professor of Law at the University of Basel.

Review:

Review from previous edition: "The UN Convention on the International Sale of Goods (CISG) has been adopted by 51 nations. Substantially more than one half of world trade is conducted on the terms of the CISG. The failure of the United Kingdom to ratify the CISG has caused our trade law to
fall behind that of other trading nations. But the march of ratifications, as well as the developments in the international marketplace, make it inevitable that the United Kingdom will have to ratify the CISG. And in the meantime the CISG already has an impact on the United Kingdom through the
adoption of the CISG in international sales contracts concluded subject to English jurisdiction clauses or international commercial arbitration agreements. In these circumstances the publication of Prof. Peter Schlechtriem's excellent and authoritative book on the CISG comes at a most opportune
time. The book is an indispensable aid to understanding, using and applying the CISG."

--The Rt Hon the Lord Steyn

"The German book of which this is an English version is the largest and most exhaustive commentary on the Convention in any language. Professor Schlechtriem is an internationally recognized expert on the subject and the book which he and his collaborators have produced has established a
position of authority in Germany (and Germany has produced more case-law on the Convention than any other jurisdiction). While the book is written from the German point of view, it gives references to the case-law of other jurisdictions and, in particular, to the very large amount of scholarly
writing in many languages which has accumulated around the Convention."

--Barry Nicholas, Principal Brasenose College, University of Oxford

"The new English edition of Professor Schlechtriem's outstanding and highly respected Commentary on the UN Convention for International Sales (CISG) will become a most significant source of commercial law for students, scholars and practitioners around the world. The accuracy and quality of
the original German edition is maintained throughout the excellent translation by Geoffrey Thomas. Like its German language predecessor, this English edition recognizes the truly international character of the CISG and will thus promote the uniform application which the Convention requires and
deserves."

--Joseph Lookofsky, Professor, University of Copenhagen

"A great achievement! Of all the existing commentaries on CISG, Professor Schlechtriem's Commentary not only provides the best comparative references but also deals extensively with the growing body of international case law on the Convention. A rich source of information and an extremely
useful tool for both academics and practitioners. Originally conceived for the German legal environment it is now fortunately available to a much wider public."

--Professor Dr Bonell, Director UNIDROIT, Centre for Comparative and Foreign Studies

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