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Backbone or Backyard of the Convention? The CISG's Final Provisions

SHARING INTERNATIONAL COMMERCIAL LAW ACROSS NATIONAL BOUNDARIES: FESTSCHRIFT FOR ALBERT H. KRITZER ON THE OCCASION OF HIS EIGHTIETH BIRTHDAY, London: Camilla Baasch Andersen & Ulrich G. Schroeter, eds., Wildy, Simmonds & Hill, pp. 425-469, 2008

45 Pages Posted: 16 Jun 2009  

Ulrich G. Schroeter

University of Basel - Faculty of Law

Abstract

This book chapter provides a comprehensive discussion of the 'Final Provisions' in Articles 89-101 of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG).

After a brief introduction to the purpose of the Final Provisions, it focusses on the Interpretation of Articles 89-101 CISG; the reservations contained therein (inter alia the conditions under which a reservation may be made under the CISG and the legal consequences when such a condition is not (or no longer) satisfied, the time at which a reservation may be made, the legal effects of reservations made, and unclear reservations (and how to avoid them)), 'interpretative declarations' under the CISG (examples of such declarations, their legal consequences under the CISG, and interpretative declarations and interpretative domestic legislation); succession of States and the CISG (how uniform law operates in a world of shifting borders, the effect of State successions upon the status as a CISG 'Contracting State', and successions and reservations); the Convention's relationship with other international instruments: Articles 90, 94 CISG and European Community law; and future accessions to the CISG and the limitation to 'States' (Article 91(3) CISG).

Keywords: CISG, Vienna Sales Convention, Part IV, Final Provisions, Diplomatic Clauses, Treaty Law, law of treaties, reservations, interpretative declarations, succession of States

JEL Classification: K12, K29, K33

Suggested Citation

Schroeter, Ulrich G., Backbone or Backyard of the Convention? The CISG's Final Provisions. SHARING INTERNATIONAL COMMERCIAL LAW ACROSS NATIONAL BOUNDARIES: FESTSCHRIFT FOR ALBERT H. KRITZER ON THE OCCASION OF HIS EIGHTIETH BIRTHDAY, London: Camilla Baasch Andersen & Ulrich G. Schroeter, eds., Wildy, Simmonds & Hill, pp. 425-469, 2008. Available at SSRN: https://ssrn.com/abstract=1419492

Ulrich G. Schroeter (Contact Author)

University of Basel - Faculty of Law ( email )

Switzerland

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