Chapter 2: Applied Uniformity of a Uniform Commercial Law: Ensuring Functional Harmonisation of Uniform Texts through a Global Jurisconsultorium of the CISG
* Camilla Baasch Andersen** Defining Uniformity This book, and the conference which inspired it, focuses on the theory and practice of harmonisation. The concluding chapter grapples with the concept of the taxonomy of harmonised law. One of the key questions here is the determination of what we mean by ‘harmonisation’ and the closely related term ‘unification’ of law. Defining the concept of ‘uniformity’ in the context of commercial law is a complex task, as it is a term which has been used with a certain element of obscurity.1 Any attempt to clarify it involves terminological deliberations and a comparative analysis of the preambles to uniform laws and their aims.2 The present chapter argues that: 1. Uniformity in law is different from a dictionary definition, as no laws are * 1980 Convention on Contracts for the International Sale of Goods [CISG]. ** Cand.Jur. (Copenhagen), PhD (Aarhus School of Business). Fellow, Institute of International Commercial Law, Pace University Law School, New York, USA and Senior Lecturer in Law, University of Leicester, UK. 1 See Michael Bridge’s humorous remarks in ‘Uniformity and Diversity in the Law of International Sale’ in 15 Pace International Law Review (Spring 2003) 55–89: ‘[u] niform law represents a part of that phenomenon that we call globalisation, a word that means so many different things to so many different people and ought on that account to be used sparingly, perhaps with a modest financial forfeit that upon sufficient accumulation will be paid over to charitable purposes. Those of us participating in...
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