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Published in J. Herbots editor / R. Blanpain general editor, International Encyclopaedia of Laws - Contracts, Suppl. 29 (December 2000) 1-192. Reproduced with permission of the publisher Kluwer Law International, The Hague.

[For more current case annotated texts by this author, see Bernstein & Lookofsky, Understanding the CISG in Europe, 2d ed. (2003) and Lookofsky, Understanding the CISG in the USA, 2d ed. (2004).]

excerpt from

The 1980 United Nations Convention on Contracts
for the International Sale of Goods

Joseph Lookofsky

Article 93
Contracting States with Territorial Units

329. In most States operating under a 'federal' system, the central government is empowered with the treaty-making power to bind the entire federation to the CISG. The effect of the United States ratification, for example, is to bind all 50 'territorial units' (states) within the US.

In a few States, such as Australia and Canada, the federal government does not have this power.[1] Article 93 permits such States, upon ratification, to declare that the CISG is to extend to only some, but not all of its territorial units. In such event, even if the place of business of a party is located in that State, this place of business is considered not to be 'in' a Contracting State unless it is in a territorial unit to which the Convention extends.[2]

1. See Winship, P., op. cit. at pp. 1-45 and Ziegel in 12 Canadian Business Law Journal 366 (1986/1987).
2. Article 93(3).
[page 176]

Pace Law School Institute of International Commercial Law - Last updated April 5, 2005