International sales are the heart of international trade. They are regulated by a global law, the United Nations Convention on Contracts for the International Sale of Goods of 1980 (CISG). The course focuses on this Convention, which is now in force in 76 Member States including almost all economically important countries of the globe (not only the United States but also for instance China, Russia and most EU countries). The Convention regulates the formation of international sales contracts and the obligations and remedies of the parties to such contracts. The course gives, first, a short account of the legislative history of the Convention. It then deals in detail with the scope and method of application of the CISG and its interplay with private international law rules. A further part concerns the formation of international sales contracts as regulated in the arts. 14 – 24 of the Convention. The central part of the course is devoted to the obligations of the parties and to the remedies if a party, in particular the seller, failed to perform one of its duties. For all aspects of the CISG, the course will intensively rely on the rich international case law, which has already developed. The course finally addresses problems of international sales not yet covered by the CISG and presents the method how these gaps are filled. Likewise, useful additions like the INCOTERMS will be discussed and their contents and their interplay with the CISG will be made clear.
Is this course open to LL.M. students? Yes