Public International Law vs. Private International Law : Competing or Complimentary Intersectionalities in the CISG?

This chapter examines the often-cited distinction between private international law and public international law in the context of the UN Convention on Contracts for the International Sale of Goods (‘CISG’). The traditional view holds that private and public international law are separate bodies of law that exist independently of each other. This chapter refutes that view as being constraining and unhelpful. Jurists need a nuanced understanding of the intersectionalities of private and public international law to assist them in solving legal problems that contain both dimensions. Such problems occur when public laws or regulations are used by private parties as grounds for invoking private law, such as Article 79, to excuse contractual non-performance. Using primarily doctrinal methodology, the historical record on the creation of the CISG, and case law on Article 79, it examines select provisions of the CISG to demonstrate how private and public international law intersect in complementary and co-dependent ways. It finds that while the private-public law dimensions within the CISG are separate and distinct, they interact in a manner that resembles a symbiotic relationship and dualistic persona. Understanding this complexity helps to facilitate solutions to cross-border conflicts that contain both public and private law elements