| dc.description.abstract | The meteoric growth in the economy of the People’s Republic of China (PRC), the success
of the PRC’s increasingly vast participation in international trade and commerce could be viewed
as resting at the intersection of three bodies of law: PRC Contract Law, the United Nations
Convention on Contracts for the International Sale of Goods (CISG), and the UNIDROIT Principles
of International Commercial Contracts (UPICC). If these three sources of law are not properly
understood or correctly applied, their interplay can undermine uniformity goals that are at the
heart of modern efforts to create an international legal regime on which buyers and sellers can,
or must, depend. Further, these modern efforts often struggle against historical influences and
biases of local law, courts and arbitration tribunals. These tensions are arguably felt most
acutely in the PRC today, which, because of its burgeoning growth and enormous contribution
as supplier of goods to the world’s developed and developing nations, stands to suffer if its
internal law cannot be reconciled and applied consistently with international rules of law on
contracts for international sales as reflected in the CISG and the UPICC.
This research seeks to identify what barriers that the application of the CISG has faced and
continues to face in the PRC. It examines those barriers arise from traditional understandings of
contract law in the PRC and the attitudes of the PRC jurists and legal practitioners towards
international uniform sales law instruments. It will put forward a number of proposals for
overcoming those obstacles to the application of the CISG in the PRC, including the Hong Kong
Special Administrative Region (as part of the PRC since 1997) and Macau Special Administrative
Region (as part of the PRC since 1999), and Taiwan, whose political and legal status remains
contentious. | en_US |
