CEU Electronic Theses and Dissertations, 2019
Author | Prastalo, Boris |
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Title | Uniformity in the Application of the CISG: Analysis of the Problem and Recommendations for the Future |
Summary | This doctoral thesis deals with the topic of uniform application of the CISG. More precisely, it argues that Article 7(1) of the CISG establishes a mandate that the Convention be applied in a highly uniform manner. However, this has not been attained in practice. After examining the causes and detrimental effects of non-uniformity in the application of the CISG, this thesis goes on to examine the tools that have been put in place in order to combat this phenomenon. After a careful analysis, the thesis concludes that the organization, reach, and mode of operation of these tools are, for the most part, in discord with the complexities that come with a high number of participating states (89 as of this writing). Accordingly, possible improvements are suggested. Furthermore, the thesis examines the tools that were proposed but so far have not been implemented, showing that the maneuvering room in this regard is rather limited. |
Supervisor | Markus A. Petsche |
Department | Legal Studies PhD |
Full text | https://www.etd.ceu.edu/2019/prastalo_boris.pdf |
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