The Proposed Common European Sales Law and its Implications on Global Harmonisation of Contract Law

Abstract

The proposed Common European Sales Law represents one of the most important developments in the field of international contract law in the recent time. With its proposal the European Commission undertook a very own attempt to create a unified set of rules for cross-border transactions. The need was felt to enhance the internal market and encourage cross-border trade by breaking down the barriers, which are caused by the various national sales laws. Besides its deficits and superfluity there are, however, further causes for concern. The proposed instrument represents a regional initiative to harmonise sales law. Such regional projects, however, are capable of impeding the international efforts of global law harmonisation, which are foremost promoted by the CISG. In order to assess CESL’s implications on a global harmonisation of contract law this paper will examine its relationship to the CISG, whether it is able to provide significant advantages, and whether the enactment of CESL, and similar regional instruments, would lead to substantial drawbacks for an international solution.