Svenja Kristin Langenhagen addresses the practical question of how international sales contracts between business partners in transnational supply chains are affected by human rights and environmental protection law and, more importantly, how human rights and environmental protection law can be incorporated into international sales contracts.
Particularly at the regulatory and economic level, it is increasingly the case that companies must fulfil their responsibility for human rights and environmental protection along their transnational supply chains. Svenja Kirstin Langenhagen analyses the interplay between Corporate Social Responsibility (CSR) and the UN Convention on Contracts for the International Sale of Goods of 1980 (CISG), which, due to its character as a uniform law, potentially governs more than 80% of international sales and thus offers the opportunity to create a new international economic order in terms of CSR and transnational supply chains. In addition to the economically analysed question of the practical applicability of the CISG in the field of CSR, she examines the interactions of private law and human rights law with regard to the conformity of goods, the buyer's obligation to give notice of defects and the buyer's remedies, as well as the question of the seller's exemption from liability.
Table of contents:
Introduction and Course of Investigation
§ 1 The Understanding of 'CSR' for this Investigation
§ 2 The CSR Discussion as a Result of Economic Globalisation
§ 3 The CSR-Sensitivity of Some Industries and Negative Examples from Practice
§ 4 Profit Maximisation Through 'Legal Standard Avoidance'
§ 5 Global Answers: Overview on the Evolution of 'CSR Regulatory Measures'
§ 6 Corporate Self-Interest in CSR
§ 7 Transnational Supply Chains from a Legal Perspective
§ 8 CSR in Transnational Supply Chains and International Sales Law
§ 9 Conclusions
§ 1 The CISG's Scope of Application in the CSR Context: Three Key Requirements
§ 2 The Applicability of the CISG in the CSR Context: Three Main Scenarios
§ 3 Conclusions
§ 1 Preliminary Considerations
§ 2 Minimum Ethical Standards in 'Every' International Sales Contract
§ 3 CSR Documents and Certificates
§ 4 CSR Supplier Codes of Conduct
§ 5 CSR Public Statements
§ 6 CSR Trade Usages and Practices in the Sense of Art. 9 CISG
§ 7 Resaleability of Goods in the CSR Context in the Light of Art. 35(2)(a) and (b) CISG
§ 8 (Reversal of) the Burden of Proof
§ 1 Short Overview on Art. 38 to 40 and 44 CISG
§ 2 Applicability of Art. 38 and 39 CISG for a CSRCompliant Production Process
§ 3 Modifications of Art. 38 and 39 CISG by Party Agreement
§ 4 The Duty of Examination and Notification and CSR Documents
§ 5 Conclusions
§ 1 The Buyer's General Interest in Enforcing Remedies in the CSR Context
§ 2 Fundamental Breach of Contract in the CSR Context (Art. 25 CISG)
§ 3 Remedies for the Buyer in the CSR Context
§ 4 Conclusions
§ 1 Overview on the Exemption from Liability under Art. 79 CISG and 80 CISG
§ 2 Ethical Hardship
§ 3 (No) Exemption from Liability for Manufacturers and Intermediaries
§ 4 CSR Import and Export Restrictions and Art. 79 CISG - Music of the Future?
§ 5 Art. 80 CISG and Good Faith Considerations
§ 6 Conclusions
