LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

Importance of material

"Experience with domestic statutes that govern a large and complex field tells us that the language of the Sales Convention, even in context, will not give a clear answer to all problems. In these early years of the Convention, before broad development of consensus by international case law, in addition to the statutory words there is only one other common international point of reference -- the legislative history (travaux préparatoires). . . .

"When important and difficult issues of interpretation are at stake, diligent counsel and courts will need to consult the Convention's legislative history. In some cases this can be decisive." John O. Honnold, "Uniform Laws for International Trade: Early Care Feeding for Uniform Growth", 1 International Trade and Business Law Journal (Australia 1995) 4-5

• The chronological presentations are organized by article headings. This does not, however, mean that a given article, e.g., "Article 4", is not at times commented on during the development of another article, e.g., "Article 68". A special Legislative History Search Form is provided to help track these references.

• The "seamless web" of a law is well illustrated by the CISG. No article of this Convention purports to cover all issues that may be associated with it. This raises to prominence the mandate of CISG article 7(2): where applicable general principles are present in the Convention, "[q]uestions concerning matters governed by this Convention are to be settled in accordance with the general principles on which it is based". General principles of the CISG can best be determined by resort to the text of the Convention in its entirety. Go also to our rendition of the text of the proceedings at the First Committee, Second Committee and Plenary Committee of the 1980 Vienna Diplomatic Conference as reported in the Summary Records of the Conference.

• Recognize that, while the proceedings at the 1980 Vienna Diplomatic Conference at which the final text of the CISG was created represent an important part of the legislative history of this Convention, much important legislative history preceded this Conference. Sources of this material are:

• The Secretariat Commentary on the 1978 UNCITRAL Draft Convention. The 1978 Draft was the text considered at the outset by the delegates to the 1980 Vienna Diplomatic Conference. The Secretariat Commentary, written under the direction of Eric E. Bergsten, is an attempt to capsulize the thinking that went into that Draft. To determine the relevance of that Commentary to the article you are researching, go to our homepage on that article and link to the section entitled, Match-up of the CISG with the 1978 Draft. If you see a good match-up -- and there is a good match-up for 85% of the presentations -- return to our homepage on the article; link from there to the text of the relevant Secretariat Commentary.

• The UNCITRAL proceedings during the ten years that preceded the 1980 Vienna Diplomatic Conference. For guidance on accessing material on these proceedings, go to our homepage on the article you are researching and link to a section entitled, Roadmap to the Legislative History of the CISG.

• Antecedent uniform laws. UNCITRAL's working groups commenced by considering texts of antecedent uniform law legislation, the 1964 Hague Sales Convention (ULIS) and the 1964 Hague Formation Convention (ULF). To determine whether ULIS or ULF legislative history, doctrine and jurisprudence may be relevant, go to our homepage on the article you are researching; link to the section that matches CISG provisions with antecedent ULIS/ULF provisions (most of our article homepages have such sections). Where you see a good match-up, resort to ULIS/ULF data may also be helpful. To illustrate the utility of resort to such material damages will often be the most desirable remedy for breach of contract; the CISG's general rule on damages (CISG article 74) was taken almost verbatim from ULIS (ULIS article 82).

Good luck with your research!

Pace Law School Institute of International Commercial Law