Electronic Communications Convention- Impact on common law jurisdictions 2008

XI. Final Provisions

[55] Chapter IV of the Convention deals with customary treaty provisions, not substantive issues relating to electronic communications. Except as already specifically noted above, these provisions do not fall within the scope of this assessment. However, the following additional Articles will be relevant considerations to Canada’s adoption of the Convention, and are therefore highlighted for the particular purposes stated:

  • [56] Article 18 permits a contracting state that has two or more territorial units with different systems of law to declare that the Convention is to extend to all territorial units or only some of them. Although typical under most private international law conventions, it is worth noting that this Article allows Canada to adopt the Convention but limit its application to those provinces that enact the Convention’s provisions.
  • [57] Articles 19 and 21 would allow Canada to declare that the Convention will only apply to countries that are also contracting states, to declare that the Convention will apply only if the parties to a contract agree that it should apply, or to declare that certain matters are excluded from the Convention’s application (for example, if it is considered desirable to harmonize the exclusions with domestic electronic commerce legislation).
  • [58] Article 20 imports the provisions of the Convention to other international conventions (such as the CISG, discussed supra). It would also allow Canada to declare that the Convention will not apply to any specified international convention.
  • [59] Article 24 stipulates that the Convention applies prospectively and does not affect contracts existing before the date the Convention enters into force in respect of each Contracting State.

Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018