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Article
Sustainability in Global Supply Chains Under the CISG
European Journal of Law Reform
(2022)
Abstract
In this article, the authors assert that the United Nations Convention for the International Sale of Goods (CISG) can contribute to tackling gaps in statutory legislation and defective business conduct that have been associated with unsustainable trade in Global Supply Chains (GSCs). The authors provide evidence that the CISG contains rules enabling a general legal framework for establishing uniform sustainable standards for goods concerning suppliers, sellers and buyers located in different countries. For instance, the CISG provisions on contract formation ease the incorporation of joint codes of conduct for sustainable trade in GSCs. In addition, the contracting parties’ circumstances and current trade usages are now more relevant to determine what constitutes conformity of the goods under the contract and the default warranties in Article 35 CISG. On the level of remedies, the authors show that best-efforts provisions, possibly included in a code of conduct or inferred from standards applicable to the goods, may redefine the notion of impediment in Article 79 CISG, which could lead to exoneration of liability for the seller. They also demonstrate why fundamental breach and the calculation of damages are at the centre of the discussion regarding the remedies for breach of an obligation to deliver sustainable goods.
Keywords
- Supply Changes,
- International Sale of Goods,
- CISG,
- Sustainability,
- Human rights
Disciplines
- Law and
- International Law
Publication Date
Spring April 15, 2022
DOI
10.5553/EJLR/138723702021023003002
Citation Information
Ingeborg Schwenzer and Edgardo Muñoz. "Sustainability in Global Supply Chains Under the CISG" European Journal of Law Reform Vol. 1 Iss. 3 (2022) p. 300 ISSN: 1875-8274 Available at: http://works.bepress.com/edgardo_munoz/44/