Volume 50 (2013)

Volume 50 (2013) / Issue 1/2

Eric A. Posner, 'The questionable basis of the Common European Sales Law: The role of an optional instrument in jurisdictional competition' (2013) 50 Common Market Law Review, Issue 1/2, pp. 261–275


The Common European Sales Law is designed as an optional instrument that European parties engaged in cross-border transactions could choose for their transactions in preference to national law.  The goal is to increase cross-border transactions and perhaps to enhance European identity.  But the CESL is unlikely to achieve these goals.  It raises transaction costs while producing few if any benefits; it is unlikely to spur beneficial jurisdictional competition; its consumer protection provisions will make it unattractive for businesses; and its impact on European identity is likely to be small.

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ISSN: 0165-0750
ID: COLA2013047