UN Law on International Sales The UN Convention on the International
This book is dedicated to Professor Schlechtriem and his tremendous life time work on the United Nations Convention on the International Sale of Goods (CISG) and all past, present, and future participants of the Willem C Vis Moot for whom hopefully the bo
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Peter Schlechtriem
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Petra Butler
UN Law on International Sales The UN Convention on the International Sale of Goods
Peter Schlechtriem† Universität Freiburg
Petra Butler Victoria University Law Faculty Lambton Quay 15 Wellington/New Zealand [email protected]
e-ISBN 978-3-540-49992-3 ISBN 978-3-540-25314-3 DOI 10.1007/978-3-540-49992-3 Library of Congress Control Number: 2008928511 © 2009 Springer-Verlag Berlin Heidelberg This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permissions for use must always be obtained from Springer-Verlag. Violations are liable for prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: WMXDesign, Heidelberg, Germany Printed on acid-free paper 987654321 springer.com
Foreword
This book is dedicated to Professor Schlechtriem and his tremendous life time work on the United Nations Convention on the International Sale of Goods (CISG) and all past, present, and future participants of the Willem C Vis Moot for whom hopefully the book will be of some use. To have been asked to adopt Professor Peter Schlechtriem’s German text book Internationales UN-Kaufrecht (4 ed, Mohr Siebeck, Tübingen, 2007) for the English speaking student, academic, and practitioner and to work with Professor Schlechtriem on this edition has been a great honour. Unfortunately this book has been longer in the making than originally planned and more unfortunately still was not finished in time for Professor Schlechtriem to see its publishing. The aims of this book are more modest than other compendious treatments of the CISG. The main aim above all others has been to facilitate discussion on the use and application of the provisions of the CISG. As the CISG itself was the outcome of nearly a decade of debate between nations polarised in ideology, the importance of continuing discussion cannot be understated. This is especially true in regard to common law countries like Canada, Australia, and New Zealand which have all ratified the CISG many years ago but where its use and jurisprudence are rather underdeveloped. To show that common law jurisdictions should not fear the use of the CISG, references to further views (both for and against) are given along with the parallel provisions of the United Kingdom Sale of Goods Act 1979 (SOG), the US Uniform Commercial Code (UCC) and Canadian, Australian and New Zealand legislation and jurisprudence. This
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