商事惯例基于何种理由对商事交易当事人产生约束力是理论上颇有争议的问题。《国际货物销售合同公约》第9条第2款关于惯例适用依据的规定是模糊的。实际上,该款条件的满足并不需要当事人对惯例适用的同意,在缺乏当事人同意的情况下,惯例仍能适用。再者,适用国际商事惯例的司法和仲裁实践直接忽略了该款中易于产生干扰的主观条件,使得国际商事惯例只要满足客观条件就具有约束力,更直观地展示了商事惯例的规范性效力。 It is a controversial issue in theory that commercial practice is binding on parties involved in commercial transactions based on what kind of reasons. The provisions of article 9, paragraph 2, of the Convention on Contracts for the International Sale of Goods concerning the basis for the application of the convention are ambiguous. In fact, the satisfaction of the conditions of the paragraph does not require the parties ’consent to the practice, and the practice can still be applied in the absence of the parties’ consent. Furthermore, the judicial and arbitration practice applying international commercial practice directly ignores the subjective conditions that are prone to interference in this paragraph, which makes international commercial practice binding as far as objective conditions are concerned and more directly demonstrates the normative effect of commercial practice.