Interest under the United Nations Convention on Contracts for the International Sale of Goods

Here is the abstract of a paper I've have written which was just published by the Federal Senate Law Journal (Revista de Informação Legislativa do Senado Federal):

This paper examines some general aspects of the application of the UN Convention on the International Sale of Goods - CISG, in Brazil, focusing on the rules regarding interest. Based both on international case-law and scholarship, one seeks to answer how should interest be charged when the debtor fails to pay his dues or when damages arise out of the contract. To this end, one must undertake an analysis of Brazilian case-law and scholarship, which will be carried out in light of an argumentative hypothesis.

One finds that, although some crucial points on interest have been dealt with by the Convention, some important issues were left out, such as what rate is to to used and when interest starts to accrue. The Convention sets forth that in such cases, one is to apply either the general principles underlying the CISG, or - and this should only occur in the absence of those - the rules established by the applicable law, in accordance to the rules of private international law of the forum.

Henceforth, the author delves into both scholarship and case-law on the various consequences of this duality and presents his concluding remarks.

FERNANDES DIAS, Bruno. Os juros na Convenção das Nações Unidas sobre a Compra e Venda Internacional de Mercadorias. Revista de Informação Legislativa do Senado Federal, v. 52, n. 207, pp. 261-288. Available at: http://www2.senado.leg.br/bdsf/bitstream/handle/id/514155/Ril207.pdf?sequence=1.