In particular, Rabel believed that an international sales law should "[embrace] the maximum possible number of matters which fall outside the autonomous intentions of parties, including basic issues of contractual validity.
This article undertakes to analyze various methods of interpreting CISG, article 4 a in the full glare of the underlying policy issues, and proposes a balanced approach that has the potential to relieve the tension in some important cases.
Of course, the greatest handicap to the creation of a unified jurisprudence of the CISG is the absence of an international court which would resolve divergent interpretations of national courts.
The CISG drafters excluded only validity. It provided that the Uniform Law "governs the obligations of the seller and the buyer arising from a contract which is valid according to the principles of private international law.
Including this commentary would provide needed guidance for U.
Second, because the CISG is a uniform law, the Convention's own interpretive provisions -- in particular article 7 1 -- also provide clues to its meaning. Fourth, the Convention's failure to define its subject matter prevents uniform application.