Tesis

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Author: search.filters.author.Del Carmen Duarte, Luisa RenataSubject: search.filters.subject.Child labour

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    Item type:Publication,
    Ethical Standards in the United Nations Convention on Contracts for the International Sale of Goods (CISG)
    (2022)
    Del Carmen Duarte, Luisa Renata
    ;
    Muñoz López, José Edgardo
    This thesis investigates how minimum ethical standards—such as the prohibition of child labor, labor rights violations, and corruption—can be integrated and enforced within international sales contracts governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG). Acknowledging that the CISG lacks explicit provisions on ethical production, the author argues that its flexible framework and underlying general principles, particularly those in Articles 7 (good faith, uniformity) and 9 (practices and usages), allow for the incorporation of corporate codes of conduct as binding contractual obligations. The work demonstrates that goods produced in violation of these incorporated standards can be considered "non-conforming" under Article 35 of the CISG, even without physical defects, as their "tainted" origin affects their value and fitness for ordinary or particular purposes. Consequently, a breach of these ethical obligations constitutes a breach of contract, entitling the buyer to the full range of remedies available under the Convention, including contract avoidance for fundamental breach and claims for damages for losses such as reputational harm, thereby positioning the CISG as a potent tool for promoting responsible conduct in global supply chains.