Prof. Flechtner: The CISG and the U.S. - Recent Developments and Current Trends

29.06.2011 (18:00)

Uni Freiburg / Kollegiengebäude II, 4. OG, Raum 2408 / Platz der Alten Synagoge / 79098 // Freiburg

Zum oben genannten Thema spricht:

Professor Harry M. Flechtner (University of Pittsburgh)

Professor Dr. Dr. h.c. Rolf Stürner (DAJV Freiburg)

Professor Harry M. Flechtner joined the faculty of the University of Pittsburgh School of Law in 1984. He teaches courses in Contracts and Commercial Transaction in Goods (domestic and international sales and leases) as well as a seminar on International Sales Law, and he has for many years coached the team from the University of Pittsburgh in the Willem Vis International Arbitration Moot. He is a five-time winner of the University of Pittsburgh School of Law’s Excellence-in-Teaching Award and a recipient of the Chancellor’s Teaching Award from the University of Pittsburgh. He has published extensively on international and domestic commercial law, with particular emphasis on international sales law; his publications include the 4th edition (2009) of John Honnold’s Uniform Law for International Sales under the 1980 United Nations Convention, which Professor Flechtner edited and updated. He speaks frequently in the United States and abroad on commercial law topics, and he has been cited by the Solicitor General of the United States as "one of the leading academic authorities on the [United Nations Sales] Convention.” Professor Flechtner serves as a National Correspondent for the United States at the United Nations Commission on International Trade Law (UNCITRAL). He is a graduate of Harvard College, and he received his J.D. from Harvard Law School and an M.A. in literature from Harvard University.

Zum Vortragsthema:
Recent decisions by U.S. courts provide a somewhat – but not quite completely – depressing picture of the state of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in the U.S. legal system. The cases demonstrate that, methodologically, the basic approach to the CISG adopted in U.S. courts remains fundamentally flawed, despite a decade of scholarly criticism, at times acerbic, of those flaws. The cases also raise basic questions for the global implementation of the CISG, which this lecture will attempt to explore. Why do civil law courts appear, ironically, to have advantages over common law courts in the use of case law to achieve a proper interpretation of the Convention? What are the special challenges presented by a treaty that attempts to bring uniformity to a limited substantive area but leaves very closely related question – and the procedures for resolving those questions –to non-uniform domestic law? How well is the global legal community responding to these challenges?

Wir würden uns freuen, Sie zu dieser Veranstaltung – gerne auch mit Gästen – begrüßen zu können.

Mit freundlichen Grüßen

Dr. Ludwig Leyendecker            Prof. Dr. Dr. h.c. Rolf Stürner
       Vorsitzender                              Regionalvorstand

Prof. Dr. Alexander Bruns, LL.M.