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Ethical standards in CISG contracts
Uniform Law Review  (IF),  Pub Date : 2017-03-01, DOI: 10.1093/ulr/unw061
Ingeborg Schwenzer

In today’s world of international sales contracts ethical standards become more and more important. Consumers today are ready to pay a higher price for ethically produced and fairly traded goods. This article discusses in the first place, how ethical standards become part of a sales contract that is governed by the CISG, be it by specific contractual stipulations, trade usages, or subsidiarily, by relying on the provisions of the CISG. Once ethical standards have become part of the contract, special problems arise with regard to possible remedies when these standards are not complied with. After a short discussion of the remedies of specific performance and avoidance, the article focuses on the remedy of damages, and on how to ascertain loss in these cases. It is argued that the CISG is flexible enough to adequately deal with the new developments in the area of ethical standards.