chapter  5
19 Pages

Conflict of laws: Is uniformity possible?

Unification, as shown in previous chapters, is an elusive goal. It is a myth that the mere existence of a unified document, such as the CISG or the UNIDROIT Principles, guarantee unification in sales and contract law, respectively. To expect a full unification would be a utopian enterprise, as domestic public policy and the desire to protect a particular class of people will never allow a full unification to take place. However, what can be said is that unification on the main issues of contractual laws is achievable. Not only is it achievable, it already has happened. The necessity for unification of laws is evidenced by the fact that domestic law is inadequate as a framework in dealing with international commercial transactions. As to international commercial sales, every opportunity must be seized to take recourse to the CISG, and any recourse to domestic law must only be the last resort. In other words, an interpretation of the CISG must be within its four corners.