Research on the Application of CISG in the Courts of China under the Belt and Road Initiative
The United Nations Convention on Contracts for the International Sale of Goods(CISG)now has 97 Contracting States,more than three-quarters of which are located along the Belt and Road.As the most representative international convention in the field of international trade,the uniformity of CISG can provide stable legal expectations for transnational trade under the Belt and Road initiative.From 2013 to 2023,Chinese courts heard disputes on contracts for the international sale of goods covering 24 CISG parties along the Belt and Road,including Azerbaijan,Romania,Turkey and Slovakia.As the research reveals,there are some deficiencies in the application of CISG by Chinese courts,such as the reliance on the rules of private international law——the principle of party autonomy and the doctrine of the most significant relationship,the failure to consider the applicability of CISG,and the misunderstanding of the applicable rules of CISG.As a result,the application rate of CISG in Chinese courts is low(28％in the sample),which is not conducive to the due role of CISG in promoting the development of international trade under the Belt and Road Initiative.Therefore,Chinese courts should fulfill the obligation of treaty application.Add cases concerning the application of CISG in the typical cases related to the Belt and Road construction;Understand the multiple effects of applying CISG,so as to improve the ability and level of Chinese courts to apply international treaties and promote the high-quality development of the Belt and Road Initiative.
The Belt and Road InitiativeThe United Nations Convention on Contracts for the International Sale of Goods(CISG)Chinese CourtCISG ExclusionGlobal Public Goods
NETL
NSTL
万方数据
