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Roadmap to the legislative history of CISG Article 78


The CISG has a rich and detailed legislative history. The challenge is not paucity of material, but an overabundance of travaux préparatoires spread over thousands of pages of un-indexed volumes, located in sources we are not used to accessing, with frames of reference (article numbers) that generally differ from those of the CISG. Our response is navigation aids (pilots) to identify paths and shoals (caveats) -- roadmaps for each article of the CISG.

CISG article 78 was created at the 1980 Vienna Diplomatic Conference.

Citations to Summary Records of the Vienna Diplomatic Conference

Article 78 citations contained in the Official Records of the Vienna Conference: Official Records of the United Nations Conference on Contracts for the International Sale of Goods, Vienna 10 March-11 April 1980, A/CONF. 97/19 pp. 137-138, 209-210, 221, 223-226, 388-393, 415-419, 429-430. These documents are reprinted in Honnold, "Documentary History of the Uniform Law for International Sales" (Kluwer 1989) (hereinafter "Documentary History") pp. 709-710, 744-746, 758-761, 609-614, 636-640, 650-651. For electronic access to this material, go to Chronology of development of Article 78 at the 1980 Vienna Diplomatic Conference.

Data on the Secretariat Commentary: There is no Secretariat Commentary on this article.

Citations to UNCITRAL Yearbooks

Background information: The 1978 Draft and the Secretariat Commentary that accompanied it were preceded by ten years of UNCITRAL deliberations. They are recorded in UNCITRAL Yearbooks.

Article 78 citations to the UNCITRAL legislative history prior to the Vienna Conference: UNCITRAL Yearbooks V (1974), VI (1975) and VIII (1977); see Honnold, Documentary History, pp. 190, 232, 238, 253, 353. For libraries that have the Yearbooks but not the Documentary History, see cross reference to the applicable Yearbook citations.

Additional data provided: Report on the manner in which over a ten-year period (results summarized in the Secretariat Commentary), UNCITRAL matured the text considered by the delegates to the 1980 Vienna Diplomatic Conference. See UNCITRAL legislative history for a general explanation of the progression of events recorded in the Yearbooks and the roles assigned to the UNCITRAL Working Groups and Committees during the deliberations that led to the 1978 Draft of the CISG.

Data on the pre-UNCITRAL legislative history of the CISG: Certain concepts contained in the Hague Formation and Sales Conventions of 1964 (ULF and ULIS) influenced the CISG. The UNCITRAL Yearbook deliberations on the CISG commenced with the texts of these conventions. Some CISG articles are similar to their ULIS-ULF antecedents; some were changed. Article 78 is significantly different from its Hague Convention antecedent. See Article 78: ULIS-ULF/CISG, for a match-up of the ULIS provision with this article of the CISG.

Pace Law School Institute of International Commercial Law - Last updated May 13, 1999