On the judicial application of United Nations Convention on Contracts for the International Sale of Goods in China

Abstract

Under the background of economic globalization and the increasing and in-depth trade among countries, the United Nations Convention on Contracts for the International Sale of Goods (CISG), which was implemented in 1988, has become the most important international uniform law to regulate international trade conflicts. In recent years, with the continuous improvement of globalization, CISG has been widely applied in the judicial practice of various countries. But as a result of the treaty is a compromise between different countries, the adjustment principle, causes in the judicial practice there are some limitations. This situation means that although the Treaty is applicable to many countries, each country may have different standards and interpretations. Although China is a party to the CISG, it was only after China became the world's second largest economy that the convention really received attention in academia. But the new civil code of the international treaty to make no rules. Although the Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Cases concerning International Sale of Goods issued by the Supreme People's Court in 1987 can be applied in judicial practice, the lack of specific provisions has led to different judgments by different courts and arbitration bodies. The Supreme People's Court on the international sale of goods cases to explain some issues of applicable law in the regulation of content is extremely limited, unable to cope with the complexity of case treatment, there is no specific steps to perform the convention provides guidance. Against this background, this article discusses the judicial application of the CISG in China, and offers suggestions and recommendations based on the study of the Convention and its practical application.