CISG의 국제거래법적 함의

Now the jurists in the area of international sales contract must be taunted without the due understanding of UN Convention on the International Sales of Goods, what we call CISG in abbreviation. Nearly half of global nations has subscribed to the convention as a signatory or party state meaning that they generically accept the convention as their domestic sales law in the case that the parties of member states engage in the international sales contract. The scope and application of CISG norms will expand in terms of Art. 1 (1)(b) and may reduce upon the stipulation of parties for the exclusion of norms' effect. In this context, the possibility as a governing law for the international sales contract can increase or decrease. Nonetheless, its importance as a sales law within the international arbitration and domestic jurisdictions needs no further remark. The CISG is one of greatest achievements for the uniform private law movement since 1945, and its lesson has a repercussion on the understanding of private laws and national diplomacy or strategy as well as the norm appliers of each nation. This article exemplified the US case in that it had attached the Art. 95 declaration for excluding its applicability about the exercise of parties' choice of law. Given its varying impact on the contracting parties, the illustration will help to better understand the CISG especially in terms of comparative analysis with the laws of UK, Japan, and US, as well as the comparative legal traditions and court attitude. The paper also extends the implications of private uniform law that creates a challenge diplomatically or strategically and within the justice administration of Korean judiciary and national trade lawyers.