Commentary on Professor Gabor’s Stepchild of the New Lex Mercatoria Symposium: Reflections on the International Unfication of Sales Law

Reese, Willis L. M. | January 1, 1988

welcome Professor Gabor’s analyses of the Hague Draft Convention. 1 The Convention is a natural sequel to the United Nations Sales Convention, which has been ratified by the United States and came into effect on January 1st of this year. This latter convention deals with the substantive law of sales and is designed to play a role for the entire world similar to the one played by the Uniform Commercial Code in the United States. Undoubtedly, many states will be slow to ratify the Sales Convention, and some will not do so at all. Thus, implementation of rules addressing the issue of applicable law in sales, where the states involved have different laws in the area, is desirable. This is the task of the Hague Draft Convention. Professor Gabor argues that “the absence of one welldeveloped body of private international law engenders substantial uncertainty and legal insecurity for both United States and foreign citizens contemplating transnational legal relationships.”2 This Commentary will explore the accuracy of Professor Gabor’s statement.