Abstract
This chapter explores the operation of the CISG as a Convention which, although ostensibly a formal hard law, is argued to operate in practice like a soft law due to the ability of parties to opt out. It compares this paradox by comparison with other soft law uniform instruments in banking, arbitration, and questions what economic and social forces may result in soft law being more widely used than hard laws.
| Original language | English |
|---|---|
| Title of host publication | International sales law |
| Subtitle of host publication | a global challenge |
| Editors | Larry A. DiMatteo |
| Place of Publication | New York |
| Publisher | Cambridge University Press (CUP) |
| Chapter | 11 |
| Pages | 154-175 |
| Number of pages | 22 |
| ISBN (Electronic) | 9781139103923 |
| ISBN (Print) | 9781107020382 |
| DOIs | |
| Publication status | Published - 2014 |
| Externally published | Yes |