Area of Operation of the International Sales Conventions, László Réczei *
Application via Conflicts Rules
Earlier drafts, prior to 1964, would have made the uniform law applicable only when the conflicts rules of the forum selected the law of a signatory State. This formula would have operated as follows: the forum settles the conflict in conformity with its own municipal conflicts law or with rules based upon an international convention; if these select the law of a country signatory to the Convention, recourse would be had to ULIS rather than to its general sales law. Next arises a question of "qualification": was the transaction a sales contract within the purview of ULIS? Naturally this would be decided by reference to ULIS (secondary qualification): if affirmative, the dispute could then be settled on the merits.