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“The CISG, the European Court of Justice and the Search for Legal Uniformity”

Curran, Vivian Grosswald. (1999) “The CISG, the European Court of Justice and the Search for Legal Uniformity”. In: UNSPECIFIED, Pittsburgh, Pennsylvania. (Unpublished)

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    First, there are inevitable problems of judicial interpretation itself within each national legal system regardless of the source of the governing legal authority, such that, even within a given legal system, legal uniformity remains an unrealized ideal rather than an achievable practice. Second, tensions often exist between what judges may perceive to be an objective interpretation of the CISG text, and what they consider fairness and justice to require in a pending case. Third, problems surround the mythology that the CISG is a single text, when in fact in all of its versions it is a translated text, published in more than one official and unofficial language translations, with both intentional and unintentional substantive disparities appearing in its different language versions (Flechtner, J. Law & Comm.). Fourth, differences in legal traditions, cultures and practices are such that concepts of legal phenomena as basic as “trials” and “contracts” fail to denote the same concepts in different languages, despite the ease with which a translator may pick an allegedly equivalent word in a different language. Fifth, differences abound in what are considered primary and secondary sources of legal authority. These differences are particularly vivid between civil-law and common-law legal systems.

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    Item Type: Conference or Workshop Item (UNSPECIFIED)
    Uncontrolled Keywords: UN Convention on Contracts for the International Sale of Goods (known as CSIG or Vienna Convention).
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    Other international institutions > UN
    EU policies and themes > EU institutions & developments > European Court of Justice/Court of First Instance
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Conference: European Union Studies Association (EUSA) > Biennial Conference > 1999 (6th), June 2-5, 1999
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 05 May 2006
    Page Range: p. 27
    Last Modified: 15 Feb 2011 17:21

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