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Reproduced with the permission of Oceana Publications

excerpt from

INTERNATIONAL SALES LAW

United Nations Convention on Contracts for the International Sale of Goods

Convention on the Limitation Period in the International Sale of Goods

Commentary by
Prof. Dr. jur. Dr. sc. oec. Fritz Enderlein
Prof. Dr. jur. Dr. sc. oec. Dietrich Maskow

Oceana Publications, 1992

Article 98 [Reservations]

[TEXT OF THE UNIFORM LAW]

No reservations are permitted [1] expressly authorized [2] in this Convention.

[COMMENTARY]

[1] In general, reservations to international agreements are permitted in order to allow as many States as possible to join in spite of diverging views on individual issues. On the other hand, the reservations impair the unification of law as envisaged with the Convention. Therefore, Article 19, subparagraph (b), of the Vienna Treaty Convention provides for the possibility to restrict the reservations. Article 98 creates clarity as to the admissibility of reservations.

The depositary will inform the other Contracting States of the reservations declared by Contracting States, which in the case of the CISG, however, do not need confirmation (but c. Article 20, paragraph 1, Vienna Treaty Convention). In regard to its subject-matter the reservation has the effect of preventing the Convention from becoming effective between the State which declares the reservation and the other Contracting Parties. The relationship between the other Contracting States, however, is not affected (c. Article 21, paragraph 1, Vienna Treaty Convention).

[2] These are declarations under Articles 92 to 96. It can be doubted, however, whether Article 93 provides for a reservation in the strict sense. The Limitation Convention does not deal with the federal State clause under Article 31 in the part entitled "reservations". There is often a fluid boundary between reservations and other declarations. [page 385]

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Pace Law School Institute of International Commercial Law - Last updated September 25, 2002
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