Hague Conventions of 1964 on the international sale of goods

Recommendation 622 (1971)

Author(s):

Parliamentary Assembly

Origin

Assembly debate on 21 January 1971 (21st Sitting) (see Doc. 2872, report of the Legal Affairs Committee). Text adopted by the Assembly on 21 January 1971 (21st Sitting).

The Assembly,

1. Considering that the unification of the law is an essential factor in the strengthening of European integration, and consequently one of the tasks of the Council of Europe ;

2. Considering, in particular, that study of the unification of the law governing the international sale of goods has been going on for many years and that various conclusions have been reached by a number of bodies ;

3. Considering that the two Hague Conventions of 1 July 1964 on the international sale of goods and the formation of contracts for the international sale of goods are in line with the Council of Europe's constant aims as defined on many occasions by the Committee of Ministers in its deliberations and resolutions ;

4. Considering that the Hague Conventions were signed by twelve States, eight being member States of the Council of Europe, but that six years later these Conventions have not come into force because the minimum of five instruments of ratification have been lacking, and that many member States of the Council of Europe appear to have lost sight of the problem ;

5. Considering that this joint effort is again in danger of being delayed owing to the fact that the United Nations Committee on International Trade Law (UNCITRAL) realised the importance of these Conventions in 1968 and included them in its programme of work which will not begin to show results for several years ;

6. Considering that it is the duty of member States of the Council of Europe to promote the unification of law by implementing these Conventions without waiting for further UNCITRAL studies, as this might delay unnecessarily and for a long time the efforts towards unification,

7. Recommends that the Committee of Ministers :

a encourage the member States of the Council of Europe which have not yet done so to ratify the Hague Conventions on the international sale of goods, or to accede to them ;

b seek to establish a common attitude in respect of the reservations for which provision is made in these Conventions and the method of application in the commercial relations between States.