Go to Database Directory || Go to Table of Contents to Annotated Text of CISG || Go to Legislative History Search Form











CISG
number


LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

H. Report of the Second Committee
[Outline of committee proceedings]
Document A/CONF.97/12 [Original: English 1 April 1980]

(. . .)

93
Article [B] [became CISG article 93 ] Federal State Clause

A. Text by the Secretary-General

1. The text prepared by the Secretary-General provided as follows:

"Article B [became CISG article 93 ] -- Federal State clause

"Alternative I

"In the case of a federal or non-unitary State, the following provisions shall apply:

"(a) With respect to those articles of this Convention that come within the legislative jurisdiction of the federal legislative authority, the obligations of the federal government shall to this extent be the same as those of Parties which are not federal States;

"(b) With respect to those articles of this Convention that come within the legislative jurisdiction of constituent States, provinces or cantons which are not, under the constitutional system of the federation, bound to take legislative action, the federal government shall bring such articles with a favourable recommendation to the notice of the appropriate authorities of States, provinces or cantons at the earliest possible moment;

"(c) A federal State party to this Convention shall, at the request of any other Contracting Party transmitted through the depositary, supply a statement of the law and practice of the federation and its constituent units in regard to any particular provision of the Convention, showing the extent to which effect has been given to that provision by legislative or other action.

"Alternative II

"(1) If a Contracting State has two or more territorial units in which, according to its constitution, different systems of law are applicable in relation to the matters dealt with in this Convention, it may, at the time of signature, ratification or accession, declare that this Convention shall extend to all its territorial units or only to one or more of them, and may amend its declaration by submitting another declaration at any time.

"(2) These declarations shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.

"(3) If a Contracting State described in paragraph (1) of this article makes no declaration at the time of signature, ratification, acceptance, approval or accession, the Convention shall have effect within all territorial units of that State."

[Go to pre-Conference observations and proposals by Governments and International Organizations]

B. Amendments

2. An amendment was submitted to the article on the Federal State clause by Canada (A/CONF.97/C.2/L.2).

3. This amendment was to the following effect:

The article should contain provisions similar to Alternative II in the text prepared by the Secretary-General, and to article 31 of the Convention on the Limitation Period in the International Sale of Goods.

[Adopted as amended by an ad hoc working group: see Consideration, 7, below.]

C. Proceedings in the Second Committee

(i) Meetings

4. The Second Committee considered the article on the federal State clause at its [1st meeting and 3rd meeting] on 17 and 20 March 1980.

(ii) Consideration

5. At its 1st meeting, the Committee showed preference for Alternative II but decided to refer the matter to an informal working group composed of the representatives of Australia and Canada.

6. At the 3rd meeting, the Committee studied the proposal of the ad hoc working group composed of Australia and Canada, joined by Norway (A/CONF.97/C.2/L.13). This proposal suggested the addition of a fourth paragraph to Alternative II of Article B [became CISG article 93 ].

7. At the 3rd meeting, paragraph 1 of Alternative II was adopted as orally amended by Japan. The effect of this amendment is to add the words "acceptance, approval" after the words "signature, ratification". Paragraph 2 was adopted as drafted. Paragraph 3 was adopted as orally amended by Australia following a discussion pertaining to an oral amendment made by the Federal Republic of Germany, which was subsequently withdrawn. The paragraph as amended now reads:

"(3) If a Contracting State makes no declaration under paragraph (1) of this article, the Convention shall have effect within all territorial units of that State."

8. At the 3rd meeting, the Committee studied the new paragraph 4 submitted by the ad hoc working group; it was adopted as orally amended by Canada. The purpose of this oral amendment was to substitute the indefinite article "a" for the definite article "the" in the fifth line (A/CONF.97/C.2/L.13). The paragraph as adopted reads as follows:

"(4) Where by virtue of a declaration under this article, this Convention extends to one or more but not all of the territorial units of a Contracting State, the place of business of a party to a contract shall, for the purposes of this Convention, be deemed not to be in a Contracting State, unless the place of business is in a territorial unit to which the Convention has been extended."

9. A proposal by Bulgaria to change the order of paragraphs (3) and (4) was referred to the Drafting Committee.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 93, go to Plenary Conference 11th meeting]

(. . .)

Pace Law School Institute of International Commercial Law - Last updated May 17, 1999
Go to Database Directory || Go to Table of Contents to Annotated Text of CISG || Go to Legislative History Search Form