"The Preference Accorded to General Principles Under Article 7(2) CISG"
Kai Tik Au Yeung (LLB Graduate 2022 and PCLL Graduate 2023)
Asian Journal of International Law
Published online: March 2025
Abstract: Hong Kong has recently ratified the United Nations Convention on Contracts for the International Sale of Goods (“CISG”). While Article 7(2) of the CISG acknowledges the potential incompleteness of the convention in addressing all issues it aims to govern and emphasizes the preference for seeking general principles within the CISG before resorting to domestic private international law, the extent of this preference remains unclear. This article highlights that while some scholars argue for private international law as a last resort, it is erroneous to suggest that the general principles embodied in the convention also include those exclusively stem from other international conventions. Such an approach would disregard the inherent international nature and proportionality envisioned by Article 7(1) of the CISG.
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