THE CISG AND ITS EXTENSION TO A TERRITORIAL UNIT OF A CONTRACTING STATE: THE CASE OF HONG KONG

作者：Liu, Qiao^*

来源：HONG KONG LAW JOURNAL, 2022, 52: 67-86.

This article explores whether and how the United Nations Convention on Contracts for the International Sale of Goods (CISG) might extend from one "territorial unit" to another within a Contracting State by examining a recent initiative of the Hong Kong Government to apply the CISG in Hong Kong. It advances the argument that the extension requires concerted actions from authorities in both Hong Kong and Mainland China and must be carried forward to cover contracts between parties with their respective places of business in Hong Kong and Mainland China in order for its promise for economic benefits to fully materialise. This argument is further developed through detailed analyses that demonstrate how both a literal interpretation and a purposive interpretation of art 93 of the CISG necessitate the conclusion that the article should have no application in Hong Kong, how a combination of domestic constitutional rules governing the relationship between Hong Kong and Mainland China and public international law rules governing a participating State's power to extend the territorial scope of a multilateral treaty give rise to the need for the Central People's Government to make a declaration to extend the CISG to Hong Kong and to deposit it with the Secretary-General of the United Nations, and how a bilateral agreement between different "regions" of the same Contracting State of a multilateral treaty like the CISG might extend substantive rules under the treaty to inter-regional contracts.

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  厦门大学