Status of Damages Clause in The International Sales of Goods Convention

Convention on International Sales of Goods has provided particular arrangements for the recovery of damages in articles 74-78. However agreement on damage or damages clause does not have a clear status in the Convention. So that application or rejection of this clause has caused much disagreement within the framework of the Vienna Convention. On one hand, respecting party autonomy and application of Convention' s general principles and on the other hand reference to countrie's domestic laws while applying article 4 of the convention causes different results for the agreement between the parties. World-wide approach and minding the uniformity in the international trade - as one of the main purposes of the Convention - is not compatible with reference to domestic laws. Respecting contracting partie's agreement requires admission, interpretation and application of agreed damages clause based on the Convention' s general principles and international trade Custom.