CISG by jurisdiction
Kosovo
Status under the CISG:
Uncertain
The status of Kosovo (also known as the Republic of Kosovo) under the CISG is uncertain.
Kosovo has not declared its accession to the 1980 Sales Convention and is not listed as a CISG Contracting State by the UN Treaty Section which exercises the functions of the Secretary-General of the United Nations as the depositary of the Convention (see Art. 89 CISG). Furthermore, it is not clear whether Kosovo could accede to the Convention in accordance with the standards described in Art. 91 CISG, or not.
As no formal notice of succession has been filed with the depositary of the Sales Convention, it is also unclear whether the CISG could apply to the territory of Kosovo in accordance with the principles of succession of States.
Further information:
Incorporation of the CISG into the domestic law of Kosovo
In spite of the uncertainty regarding Kosovo's status under the 1980 Sales Convention (see above), the Convention's provisions have applied as part of Kosovo's domestic law since 2000.
1. From 2000 until 2012
The United Nations Mission in Kosovo (UNMIK) Regulation No. 2000/68 on Contracts for the Sale of Goods, adopted by the Special Representative of the Secretary-General on 29 December 2000, provided in its Section 1.1:
"The present regulation is based on the United Nations Convention on the International Sale of Goods, and accordingly shall be interpreted consistently with reported decisions on that Convention. For ease of reference, the organization and numbering system of the present regulation follows that of the Convention, with the exception that 'sections' in the Convention are 'subchapters' in the present regulation, and 'articles' in the Convention are 'sections' in the present regulation. Where the corresponding provisions in the Convention are not applicable and have been deleted, this is indicated by an asterisk under the relevant sections."
The following provisions of UNMIK Regulation 2000/68 reproduce verbatim Arts. 2–88 CISG, with only minor deviations.
2. Since 2013
Since early 2013, the Law No. 04/L-077 on Obligations has been in force in Kosovo, replacing UNMIK Regulation 2000/68. Law No. 04/L-077 was adopted by the Assembly of the Republic of Kosovo on 10 May 2012 and promulgated by the President on 30 May 2012.
Art. 1058(2) of the Law No. 04/L-077 on Obligations provides:
"In the meaning of this Law, and in accordance with Article 145 of the Constitution of the Republic of Kosovo, the applicable law on contracts on the international sale of goods shall be the United Nations Convention on Contracts for the International Sale of Goods."
Published CISG cases adjudicated by courts in Kosovo:
Published CISG cases worldwide involving parties from Kosovo:
Parties from Kosovo most frequently settled their CISG disputes in:
Goods most frequently traded under the CISG by buyers and sellers from Kosovo:
Parties from Kosovo were involved in CISG transactions:
CISG decisions by courts in Kosovo:
CISG decisions in arbitrations administered by institutions based in Kosovo:
Arbitral awards rendered in arbitrations with seat in Kosovo:
Bibliography:
