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2012 UNCITRAL Digest of case law on the United Nations Convention on the International Sale of Goods

Digest of Article 98 case law [reproduced with permission of UNCITRAL] [*]

Article 98

No reservations are permitted except those expressly authorized in this Convention.

OVERVIEW

1. Article 98 limits reservations to the Convention by States to those specifically authorized under the Convention. Declarations authorized under the Convention are stated in articles 92, 93, 94, 95 and 96.[1] Article 97 provides for the administrative formalities of such declarations and withdrawal of such declarations.

2. Court decisions and arbitral awards referring to article 98 have not been identified.


NOTES

* This presentation of the UNCITRAL Digest is a slightly modified version of the original UNCITRAL text at <http://www.uncitral.org/pdf/english/clout/CISG-digest-2012-e.pdf>. The following modifications were made by the Institute of International Commercial Law of the Pace University School of Law:

   -    To enhance access to contents by computer search engines, we present in html rather than pdf;
 
   -    To facilitate direct focus on aspects of the Digests of most immediate interest, we inserted linked tables of contents at the outset of most presentations;
 
   -    To support UNCITRAL's recommendation to read more on the cases reported in the Digests, we provide mouse-click access to (i) CLOUT abstracts published by UNCITRAL (and to UNILEX case abstracts and other case abstracts); and also (ii) to full-text English translations of cases with links to original texts of cases, where available, in [bracketed citations] that we have added to UNCITRAL's footnotes; and
 
   -    To enable researchers to themselves keep the case citations provided in the Digests constantly current, we have created a series of tandem documents, UNCITRAL Digest Cases + Added Cases. The new cases and other cases that are cited in these updates are coded in accordance with UNCITRAL's Thesaurus.

1. States may also make declarations not expressly provided for in the Convention via Article 19 of the Vienna Convention on the Law of Treaties (1969); the legal effect of such declarations, however, is determined by general international law.


©Pace Law School Institute of International Commercial Law - Last updated July 31, 2012
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