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Article

Sustainability in Global Supply Chains Under the CISG

Journal European Journal of Law Reform, Issue 3 2021
Keywords CISG, sustainability, supply chains, UN Global Compact, Codes of Conduct, conformity of the goods
Authors Ingeborg Schwenzer and Edgardo Muñoz
AbstractAuthor's information

    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.


Ingeborg Schwenzer
Ingeborg Schwenzer is Dean of the Swiss International Law School (SiLS), Professor emerita of Private Law at the University of Basel (Switzerland) and past Chair of the CISG Advisory Council. Dr. iur. (Freiburg i.Br.), LLM (UC Berkeley).

Edgardo Muñoz
Edgardo Muñoz is Professor of Law, Universidad Panamericana. Facultad de Derecho. Calzada Álvaro del Portillo 49, Zapopan, Jalisco, 45010, México. PhD (Basel), LLM (UC Berkeley), LLM (Liverpool), LLB (UIA Mexico), DEUF (Lyon). This research has been funded by Universidad Panamericana through the grant ‘Fomento a la Investigación UP 2020’, under project code UP-CI-2020-GDL-04-DER.
Article

Access_open New Sales and Contract Law in Argentina and France

Models for Reform Inspired by the CISG and the PICC?

Journal European Journal of Law Reform, Issue 3 2020
Keywords contracts, sales, law reform, CISG, UNIDROIT Principles, Argentina, France, comparative law
Authors Edgardo Muñoz and Inés Morfín Kroepfly
AbstractAuthor's information

    The Argentine and the French civil codes have recently undergone substantial modifications to their contract law provisions. These novel statutes could serve as models for future B2B contract law reforms in Latin American jurisdictions and beyond, as former Argentine and French laws have done in the past. The authors offer a contribution that paves the way in that direction with a systematic comparative analysis. As a starting point, this article unveils the influence that the modern unified laws on contracts (UNIDROIT Principles on International Commercial Contracts (PICC) and United Nations Convention on Contracts for the International Sale of Goods of 1980 (CISG)) have in Argentina’s and France’s new contract law. It also highlights the most obvious similarities and differences in both sets of rules. This contribution goes beyond simple tertium comparisons; the authors analyse which of the two laws offers better, or more effective, rules to achieve the desired contract law functions in various matters. Readers are provided with the best rule or solution to address the problem in question and, as the authors hope, they should conclude that both models provide for a range of complementary solutions for modern contract law reforms.


Edgardo Muñoz
Professor of Law, Universidad Panamericana. School of Law. Calzada Álvaro del Portillo 49, Zapopan, Jalisco, 45010, Mexico. Ph.D. (Basel), LL.M. (UC Berkeley), LL.M. (Liverpool), LL.B. (UIA Mexico), DEUF (Lyon), emunoz@up.edu.mx.

Inés Morfín Kroepfly
Ines Morfin Kroepfly, J.D., Universidad Panamericana, Guadalajara.

María-del-Carmen Muñoz-Rodríguez
Associate Professor of Public International Law and European Union Law, University of Jaén, Spain
Article

The Return of Objects Launched into Outer Space: Some Legal Questions

The 40th Anniversary of the Rescue Agreement: Looking Ahead

Journal International Institute of Space Law, Issue 2 2008
Authors J.M. de Faraminán Gilbert and M. del Carmen Munoz Rodriguez

J.M. de Faraminán Gilbert

M. del Carmen Munoz Rodriguez
Article

The Cooperation Between ESA and EU Regarding the Earth Observation

Cooperation in Space Activities, With Special Focus on Remote Sensing

Journal International Institute of Space Law, Issue 4 2006
Authors M. del Carmen Munoz Rodríguez and J. de Faraminán Gilbert

M. del Carmen Munoz Rodríguez

J. de Faraminán Gilbert
Article

European Space Policy: A Common Future for ESA and EU

International Law and Practice of Agreements on Cooperation Regarding Space Activities

Journal International Institute of Space Law, Issue 2 2004
Authors J.M. Faraminán Gilbert and Ma del Carmen Munoz Rodríguez

J.M. Faraminán Gilbert

Ma del Carmen Munoz Rodríguez
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