Ethical Standards in the United Nations Convention on Contracts for the International Sale of Goods (CISG)
Date Issued
2022
Author(s)
Del Carmen Duarte, Luisa Renata
Advisor(s)
Muñoz López, José Edgardo
Type
text::thesis::bachelor thesis
Abstract
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.
License
Acceso Abierto
URL License
How to cite
Del Carmen Duarte, L. R. (2022). Ethical Standards in the United Nations Convention on Contracts for the International Sale of Goods (CISG). (Tesis de Licenciatura). Universidad Panamericana.
Table of contents
Capítulo I. MINIMUM ETHICAL STANDARDS IN INTERNATIONAL TRADE -- Capítulo II. The CISG as an instrument of international trade -- Capítulo III. INCORPORATION OF MINIMUM ETHICAL STANDARDS IN CISG -- Capítulo IV. Nonconformity of Tainted Goods Under Article 35 CISG -- Capítulo V. Remedies