Furthermore, all of the three instruments expressly state, inter alia, that in their interpretation regard is to be had to their international character and the need to promote uniformity in their application (CISG Art. 7(1); UPICC Art. 1.6(1); and PECL Art. 1:106(1)). This signifies that overviews of the existing case law with parallel references to the areas where there is theoretical debate concerned are, at least in abstracto, useful for practical purposes. Importantly, theory is tested by outcome. It is of great importance to draw on experience from arbitral awards or domestic courts'' decision. Therefore, in this contribution regards are also to be had to what national or international courts have already done and, where there are no "precedents", to the solutions proposed by legal scholars. In this context, particular regard is had to the case law on the CISG, which is widely available via the UNCITRAL Database- CLOUT (Case Law on UNCITRAL Texts; available online at >), which is a systematic collection and distribution mechanism for information on court decisions and arbitral awards relating to the Conventions and Model Laws including the CISG that emanated from the work of the UNCITRAL.
　　　　 ]
　
　Finally, it is to be found that a significant feature of this contribution is its referring to extensive sources of information available over the Internet online. In this point, besides the CLOUT database mentioned above, there are other three databases most frequently used so contributed to this contribution that I would like to list them so as to express my gratitude here: (a) the Pace database on the CISG and International Commercial Law (available online at ) produced as a public service by the Pace University School of Law in New York, which has compiled lots of valuable sources of information on the CISG including a Bibliography listing all articles and books on the CISG and thus is extremely useful and user friendly. (b) UNILEX database (available online at ), which is an 搃ntelligent?database of international case law and bibliography on the CISG and on the UNIDROIT Principles. (c) TLDB (CENTRAL Transnational Law Database; available online at ), which contains the largest bibliography on the new lex mercatoria in the internet and provides the hithereto missing link between the theory of transnational commercial law and international legal practice.
　
　
　
【注释】1. See Rivkin, David R. in 揕ex Mercatoria and Force majeure? Gaillard ed., Transnational Rules in International Commercial Arbitration (ICC Publ Nr. 480,4; Paris 1993); p. 163. Available online at    

   
2. See Alison E. Williams in 揊orecasting the Potential Impact of the Vienna Sales Convention on International Sales Law in the United Kingdom? Pace Review of the Convention on Contracts for the International Sale of Goods (CISG), Kluwer Law International (2000-2001); pp. 9-57. Available online at .
   

   
3. Ibid.
   

   
4. See Jussi Koskinen in 揅ISG, Specific Performance and Finnish Law? Publication of the Faculty of Law of the University of Turku, Private law publication series B:47 (1999). Available online at .
   

   
5. Few countries signed the treaties and there were many criticisms that the treaties 損rimarily reflected the legal traditions and economic realities of continental Western Europe?
   

   
6. Supra. note 2.
   

   
7. As of 10 October 2002, the UN Treaty Section reports that 62 States have adopted the CISG: Argentina, Australia, Austria, Belarus, Belgium, Bosnia-Herzegovina, Bulgaria, Burundi, Canada, Chile, China (PRC), Columbia, Croatia, Cuba, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Finland, France, Georgia, Germany, Greece, Guinea, Honduras, Hungary, Iceland, Iraq, Israel, Italy, Kyrgystan, Latvia, Lesotho, Lithuania, Luxembourg, Mauritania, Mexico, Moldova, Mongolia, Netherlands, New Zealand, Norway, Peru, Poland, Romania, Russian Federation, Saint Vincent & Grenadines, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Syria, Uganda, Ukraine, United States, Uruguay, Uzbekistan, Yugoslavia, and Zambia. ()
   

   
8. See General Information on the Application of the CISG; available online at . In addition, there are situations in which principles of the CISG can be deemed applicable even when neither party has his relevant place of business in a Contracting State and the parties have made no reference to the CISG in their contract. There are cases in which tribunals have so held (see, for example, ICC Arbitration Case No. 5713 of 1989).
   

   
9. The fruits of its efforts were the 1964 Hague Conventions. These Conventions, as mentioned previously, since entering into force in 1972, have, however, failed to achieve widespread acceptance. Other works of UNIDROIT have met with greater success; most notably in the area of international trade are the 1994 UNIDROIT Principles.
   

   
10. See Joern Rimke in 揊orce majeure and hardship: Application in international trade practice with specific regard to the CISG and the UNIDROIT Principles of International Commercial Contracts? Pace Review of the Convention on Contracts for the International Sale of Goods, Kluwer (1999-2000); pp. 237-238. Available online at .
   

   
11. See Michael Joachim Bonell in 揋eneral Report: A New Approach to International Commercial Contracts: The UNIDROIT Principles of International Commercial Contracts? XVth International Congress of Comparative Law, Bristol, 26 July-1 August 1998, Kluwer Law International (1999); p. 13.
   

   
12. See Michael Joachim Bonell in 揟HE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS AND CISG -- ALTERNATIVES OR COMPLEMENTARY INSTRUMENTS?? 26 Uniform Law Review (1996); pp. 26-39. Available online at .
   

   
13. See Ulrich Magnus in 揇ie allgemeinen Grunds鋞ze im UN-Kaufrecht? 59 Rabels Zeitschrift (1995); pp. 492-493. English version: General Principles of UN-Sales Law, Lisa Haberfellner, trans. Available online at .
   

   
14. See Albert H. Kritzer in 揋eneral observations on use of the UNIDROIT Principles to help interpret the CISG? Available online at .
   

   
15. Supra. note 13.
   

   
16. Supra. note 4.
   

   
17. See Austrian Arbitral Proceeding SCH-4318 and Arbitral Proceeding SCH-4366 (both dated 15 June 1994); see also ICC Arbitral Award No. 8128 of 1995 and the ruling of the French Court of Appeal of Grenoble 23 October 1996, examples of cases in which tribunals have referred to the UNIDROIT Principles as it helped them reason through the CISG. One can anticipate many such references to the UNIDROIT Principles in CISG proceedings. (Supra. note 14.)
   

   
18. See Michael Joachim Bonell in 揢nification of Law by Non-Legislative Means: The UNIDROIT Principles for International Commercial Contracts? 40 Am. J. Intl L. (1992); p. 618.
   

   
19. See Peter A. Piliounis in 揟he Remedies of Specific Performance, Price Reduction and Additional Time (Nachfrist) under the CISG: Are these worthwhile changes or additions to English Sales Law??1999). Available online at .
   

   
20. Supra. note 2.
   

   
21. Nonetheless, the parties have the general right to derogate from or modify any of the provisions in the CISG (subject to Art. 12) and they may even make the decision to exclude the CISG in its entirety. This need not be done explicitly. One example of implicit exclusion of the CISG is the choice of the law of a non-contracting state. The crucial factor is to be able to determine the will of the parties and in determining this will, Art. 8 is applicable.
   

   
22. See Bernard Audit in 揟he Vienna Sales Convention and the Lex Mercatoria? Thomas E. Carbonneau ed., Lex Mercatoria and Arbitration, rev. ed. ], Juris Publishing (1998); p. 194. Available online at . While compromises were made on all fronts, and all Contracting States will notice distinctions between their domestic law and that of the CISG, the common lawyer as opposed to the civil lawyer will face greater obstacles in understanding and applying the CISG. As compared to those schooled in the common law, the majority of the drafters had been trained in civil law. Thus, it is not surprising to find that the CISG is highly reflective of civil law principles. (See Erika Sondahl in 揢nderstanding the Remedy of Price Reduction ?A Means to Fostering a More Uniform Application of the United Nations Convention on Contracts for the International Sale of Goods?(2003); available online at .)
   

   
23. Supra. note 19.
   

   
24. While the UNIDROIT Principles are designed only for international commercial contracts, they are in no way intended to take over the distinction traditionally made in some legal systems between 揷ivil?and 揷ommercial?parties and/or transactions, i.e. to make the application of the Principles dependent on whether the parties have the formal status of 搈erchants?(commer鏰nts, Kaufleute) and/or the transaction is commercial in nature. The idea is rather that of excluding from the scope of the Principles so-called 揷onsumer transactions?which are within the various legal systems being increasingly subjected to special rules, mostly of a mandatory character, aimed at protecting the consumer, i.e. a party who enters into the contract otherwise than in the course of its trade or profession. The criteria adopted at both national and international level also vary with respect to the distinction between consumer and non-consumer contracts. The Principles do not provide any express definition, but the assumption is that the concept of 揷ommercial?contracts should be understood in the broadest possible sense, so as to include not only trade transactions for the supply or exchange of goods or services, but also other types of economic transactions, such as investment and/or concession agreements, contracts for professional services, etc. (See Comment 2 on the Preambles of the UPICC.)
   

   
25. Notably, it is also said that the Convention itself purports to formulate the most common practice and therefore qualifies as an expression of lex mercatoria? (See Bernard Audit, supra. note 22.)
   

   
26. See Barry Nicholas in 揊orce Majeure and Frustration? 27 American Journal of Comparative Law (1979); pp. 231-245. Available online at .
   

   
27. In this respect, roadmaps for each article of the CISG are available, which are designed as navigation aids (pilots) to identify paths and shoals (caveats) of the legislative history. Alternative versions of the roadmap may be accessed: short form; long form. The short form is limited to citations to printed texts and electronic links to further data on this article. The long form adds to this material with background information and other data which, once read, should be regarded as applicable to each roadmap presented.
   

   
28. See Michael Joachim Bonell, AN INSTERNATIONAL RESTATEMENT OF CONTRACT LAW: The UNIDROIT Principles of International Commercial Contracts, 2nd ed., Transnational Publishers (1997); p. 44.
   

   
29. The source of the Commentary to the PECL is Ole Lando & Hugh Beale eds., Principles of European Contract Law: Parts I and II, Kluwer Law International (2000).
   

   
30. The purpose of the system is to promote international awareness of the legal texts formulated by the UNCITRAL and to facilitate uniform interpretation and application of those texts. Currently, CLOUT covers the Convention on the Limitation Period in the International Sale of Goods (New York, 1974), as amended by the Protocol of 1980, the CISG, the UNCITRAL Model Law on International Commercial Arbitration (1985), and the United Nations Convention on the Carriage of Goods by Sea, 1978 (the 揌amburg Rules?.

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