Differentiating between Internal and External Gaps in the U.N. Convention on Contracts for the International Sale of Goods: A Proposed Method for Determining “Governed By” in the Context of Article 7(2)

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Article 7(2) of the United Nations (UN) Convention on Contracts for the International Sale of Goods (CISG), which provides a gap-filling mechanism, is an important tool in achieving the CISG’s objective of harmonization of international sales law. However, that mechanism is only to be used to fill gaps in matters “governed by” the CISG. As two recent Argentine decisions highlight, courts can easily overlook this fact and use Article 7(2) in situations where it is inappropriate. This Note discusses the importance of ensuring that gaps are of matters “governed by” the CISG before recourse is taken to the gap-filling mechanism and proposes a method for making the “governed by” determination.