Abstract: The transfer of sovereignty over the former British colony of Hong Kong and the former Portuguese colony of Macau to China has given rise to an interesting question regarding the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) to Hong Kong and Macau, the two Special Administrative Regions (SARs) of China. The question is whether CISG extends to these two SARs by virtue of China’s membership of CISG. This article examines the pivotal treaty provision, art.93, and concludes that CISG has not been extended to Hong Kong and Macau. It argues that the more important provision is the one in the Hong Kong Basic Law, reproduced in Macau, which recognises the power of China to extend a treaty of the CISG type where it considers it appropriate to do so and in consultation with the relevant SAR. It concludes by urging China to put an end to the prevailing uncertainty by making a declaration of extension.
Keywords: CISG; UNCITRAL; confl ict of laws; Vienna Convention on the Law of Treaties; Basic Laws of Hong Kong and Macau; People’s Republic of China.
JICL welcomes full length articles (generally not exceeding 13,000 words inclusive of footnotes), shorter contributions in the form of notes and comments (generally not exceeding 8,000 words inclusive of footnotes) and book review articles of not more than 6,000 words.
We accept contributions for consideration on an exclusive submission basis. When submitting an article please certify that it is an unpublished article (that is, it has not been previously published in substantially similar form or with substantially similar content) and that it is not under consideration by any other journal.
To facilitate anonymous review, please give the names of authors and their short biographical information and acknowledgments in a separate page.
Authors retain copyright in the words used, but upon submission of material for publication, grant Sweet & Maxwell a licence to publish the submission in print and/or digital formats. Sweet & Maxwell retains copyright in the design, format and layout of all material published in JICL.
Once submissions are published, authors are entitled to one copy of the issue, 10 offprint copies and a PDF version of the submission.
Authors who send articles published in JICL to other publishers or media must include a reference to the publication of the article by JICL and Sweet & Maxwell.
Contributions and book reviews should be submitted in Microsoft Word format by way of email attachment to Professor Anton Cooray at Anton.firstname.lastname@example.org.
Authors should follow the OSCOLA citation system (http://www.law.ox.ac.uk/publications/oscola.php), except that we prefer authors to use indenting sparingly.
JICL uses the following heading levels: Main headings are in bold and preceded by a Roman numeral; second-level headings are in bold and italics and preceded by an uppercase alphabet; third-level headings are preceded by an Arabic numeral; and fourth-level headings are in italics and preceded by a lowercase alphabet.