Internationality Overreach in the Interpretation of Uniform Private Law Conventions: The <i>Contra Proferentem</i> Rule and the CISG
Why this work is in the frame
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Bibliographic record
Abstract
Abstract This article argues that the rule of contra proferentem is not applicable to international sales contracts governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG). It further argues that the common recognition of the rule of contra proferentem under the CISG is an instance of a broader phenomenon which it calls ‘internationality overreach’. ‘Internationality overreach’ is the tendency to project onto the provisions of a uniform private law instrument doctrines and concepts which are inaccurately presumed to constitute universally recognised principles of private law or the ‘common core’ of various legal systems. This article demonstrates that internationality overreach disrupts the goals underpinning the harmonisation of commercial law in two ways: first, it undermines uniformity in the application of international conventions; and, second, it leads to outcomes that fall short of the agreement reached by the Contracting States during the drafting process. While this article focuses on the CISG, the argument developed in this article is of equal relevance to other uniform private law conventions which follow the principle of autonomous interpretation.
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Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.001 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.001 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it