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Köhler, Ben:
Applicational Ambiguity? Taiwan's Status in International Sales Law.
In: International & Comparative Law Quarterly.
Bd. 72
(2023)
Heft 2
.
- S. 545-563.
ISSN 1471-6895
DOI: https://doi.org/10.1017/S0020589323000106
Abstract
The discussion on Taiwan's status under the United Nations Convention on Contracts for the International Sale of Goods (CISG) has picked up steam. After providing some historical background, it is argued that neither doctrinal nor policy arguments can support the application of the Convention to Taiwanese parties. Drawing on case law in the context of other uniform law treaties, the article concludes that the approbation of the CISG by the People's Republic of China should not bind Taiwan and that, as a consequence, Taiwanese parties should be treated as parties from non-Contracting States.