CISG Scope of Application: Articles 4 and 5

Articles 4 and 5

Because national laws differed too much to harmonize the various approaches, and the drafters wanted to ensure maximum support for the Convention.

The CISG's scope of application could be limited considerably.

<p>To harmonize particular areas of law.</p> Signup and view all the answers

<p>Because it has an important bearing on the unifying effect of the CISG.</p> Signup and view all the answers

<p>It is non-exhaustive.</p> Signup and view all the answers

<p>They would be governed by the non-harmonized provisions of the national law that is applicable by virtue of the conflict of laws rules.</p> Signup and view all the answers

<p>There is a lack of in-depth analysis of the provision and the notions or concepts used.</p> Signup and view all the answers

<p>They should be interpreted autonomously.</p> Signup and view all the answers

<p>The U.S. District Court for the Southern District of New York's decision in Geneva Pharmaceuticals Tech. v. Barr Lab.</p> Signup and view all the answers

<p>If the issue of qualification of certain legal concepts is left to the national law, it will ultimately be the national law that determines the scope of application of the CISG.</p> Signup and view all the answers

<p>It is a different harmonizing Convention applicable to international sales law, which can govern the case instead of the CISG.</p> Signup and view all the answers