Thursday, March 12, 2015

International Uniform Law via Treaties

International treaties finding uniform rules via conventions are the 'classical solution' to achieve legal certainty in international transactions. The Vienna Sales Convention of 1980 is the most achieve convention having regard to the number of contracting states and its acceptance in practice. The success of the CISG is also due to the fact that sales contracts are the most used kind of contract in international transactions and UNCITRAL has set up an official data bank with court decisions on the CISG. Similarly the EU Arbitration Convention 1990 has become a reference standard in the regulation of tax disputes. The Treaty solution has advantages in that it only allows for minor modifications so that identical rules exist in all contracting states, and because of the preparation of the rules as supranational compromises by international working groups, the final convention can be accepted by the contracting states.

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