Contracting States has so much leeway under the Vienna Convention to go away from the coverage thereof. Articles 92-96 of the Vienna Convention provide for ample way by which contracting states may make their declarations and reservations. Article 92 affords a Contracting State to accede only to Parts II and II of the convention. Article 93 establishes the rules in case a federal state ratifies or accedes to the convention whereby the federal states has only limited constitutional authority to bind its federal governments.
Article 94 authorizes a reservation of the entire provision of the Convention in cases of contracts between traders where the state of both parties have the same or closely related laws and legal procedure involving sale of goods and other matters covered by the Vienna Convention (CISG). The Vienna Convention also allows a contracting state to raise its reservation not to be bound by paragraph (b) of Article 1.
This is enshrined under Article 95 of the Convention, which states that, “Any State may declare at the time of the deposit of its instrument of ratification, acceptance, approval or accession that it will not be bound by subparagraph (1) (b) of article 1 of this Convention. ” Lastly, Article 96 provides for a right of the contracting state not to be bound by the provisions of the Vienna Convention (CISG) in case the former impose a prescribed rules regarding formality contracting which is dispensed with by the Convention.
These provisions of the Vienna Convention (CISG) grants so much liberty and leeway to the Contracting States from the metes and bounds of the Convention lessening the impact of the latter among the contracting states. The Contracting states are given discretion whether to be bound whenever the facts of the case so warrant. This lessening of the impact simply lessens the burden and troubles that may be brought by unforeseen eventualities, making the convention widely acceptable and gaining popular support. Conclusion:
The Vienna Convention (CISG) has been truthful to its objective, that is, to establish a uniform legal system that will govern international sales transaction. It has obtained its objective by standing side by side with other rules and legal system without totally disregarding and derogating them. “It provides comprehensive and flexible rules to control the international sales of goods. ” It harmonized the existing legal system in international commercial transaction by maintaining a symbiotic relationship with other legal system.
The Vienna Convention has just the proven that an international agreement that would comprehensively cover almost all aspects of international commercial transaction can be possibly achieved. The positive impact of the Vienna Convention amidst the possible resisting forces is a strong indication that similar laws relating to several other subject matters can truly be developed without any strong opposition or resistance from various sectors, states and legal systems.
There is only but a need to consider carefully study the existing circumstances and determine how a system can be introduced without causing so much dislocation and confusion to the status quo. The Objective of the Vienna Convention (CISG) is plain and simple, that is, to establish rules regarding the formation of contracts and the basic rights and obligations of the buyers and the sellers in contracts involving international sale of goods.
It tries to avoid difficult question that could possibly arise. It allows the contracting parties to exclude the application of certain provision of the convention to their contract. It provides a multifarious array whereby a state may express its reservation and declaration. Amidst these features among others, the Vienna Convention has been firm enough to stand as a source of law to bind parties falling within it coverage.
Though its existence is not assertive and forceful, yet its leeway enable it enables it to withstand possible objection and resistance resulting to a more lasting and efficient impact. “The CISG is the first uniform sales law to win acceptance on a worldwide scale: more than sixty States have ratified the Convention, representing more than two-thirds of all world trade.
Fawcett, James J. Harris, Jonathan M and Bridge, Michael. ‘International Sales of Goods in the Conflict of Laws’ (2007). Oxford University Press. Retrieved 14 September 2007 https://global.oup.com/academic/product/international-sale-of-goods-in-the-conflict-of-laws-9780199244690?cc=ua&lang=en&view=lawview