Main Article Content
As established in its Preamble and Article 7, the CISG 1980’s Principle of Uniformity
is of utmost importance, reflecting the intention to remove “artificial impediments to
commerce caused by differences in national legal systems that govern international sales
of goods.” In reality however, uniform rules do not per se guarantee uniform application.
The CISG, has tended to be analyzed largely from a “substantive law” point of view, with a
relatively limited clarification on various procedural implications that may arise from its
world-wide applications. The literature review undertaken in this research indicates that
one of the most common causes of the so-called “homeward-trend” phenomenon,
theoretically, stems from the orthodox view of substance-procedure dichotomy in the
traditional settings of the conflict of laws. The creation of a uniform law might not in and of
itself guarantee a uniform application of such law, giving rise to a potential inconsistency in
the outcomes. If the Convention is to be applied one way in United States and another in
Singapore, or, perhaps, in a prospective Contracting State like Thailand, there is no such thing
as a truly uniform sales law.
This study proposes that domestic courts in the Contracting States should not rely
on the substance-procedure analysis, as this approach would be more complicated in the
context of the CISG than in the traditional conflict of laws paradigm. Instead, in confronting
the issue of admissibility of evidence for the purpose of interpreting the contracts governed
by CISG, this study recommends that the courts in Contracting States should honor their duty
to apply the CISG Article 8 through the lens of international law obligations, in the interests
of legal certainty and uniformity in international sales law. This suggested approach can also
have wider and better implications for other CISG provisions, as well as other uniform law
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Chulalongkorn Law Journal and its licensors.
1. Chulalongkorn Law Journal grants to you a worldwide non-exclusive royalty-free revocable license to:
- view this website and the material on this website on a computer or mobile device via a web browser;
- copy and store this website and the material on this website in your web browser cache memory; and
- print pages from this website for your use.
- All articles published by Chulalongkorn Law Journal are licensed under the Creative Commons Attribution 4.0 International License. This permits anyone to copy, redistribute, remix, transmit and adapt the work provided the original work and source is appropriately cited.
2. Chulalongkorn Law Journal does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without appropriately and conspicuously citing the original work and source or Chulalongkorn Law Journal prior written permission.
3. You may request permission to use the copyright materials on this website by writing to email@example.com.
4. Chulalongkorn Law Journal takes the protection of its copyright very seriously. If Chulalongkorn Law Journal discovers that you have used its copyright materials in contravention of the license above, Chulalongkorn Law Journal may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of Chulalongkorn Law Journal's copyright materials that contravenes or may contravene the license above or any material on the website that you believe infringes your or any other person's copyright, please report this by email to firstname.lastname@example.org.