GENERAL PRINCIPLES OF CROSS-BORDER TRADE: APPLICATION MECHANISM THROUGH THE LENS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS 1980

Abstract

In the view of changes in legal reality connected with transformation of the regulatory scope, the general principles of cross-border have significantly strengthened the position of cross-border commercial transactions regulator. However, the following issues are still on the agenda: how to use the general principles of cross-border trade to effectively simplify the regulation of cross-border transactions and align the practice of resolving cross-border commercial disputes. General principles, being a fundamental notion, have no use for "national" qualification. It is article 7 of the United Nations Convention on Contracts for the International Sale of Goods 1980 (hereinafter - Convention) which takes into account the said peculiarity of the general principles through the lens of, inter alia, international practice in the application of the Convention.