학술논문
ESG and Emotional Non-conformity of Goods in Contracts for International Sale of Goods
이용수 4
- 영문명
- ESG and Emotional Non-conformity of Goods in Contracts for International Sale of Goods
- 발행기관
- 한국무역학회
- 저자명
- Byung-Mun Lee
- 간행물 정보
- 『Journal of Korea Trade (JKT)』Vol.28 No.1, 149~164쪽, 전체 16쪽
- 주제분류
- 경제경영 > 무역학
- 파일형태
- 발행일자
- 2024.02.28
4,720원
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국문 초록
영문 초록
Purpose - It examines the potential applicability of the CISG to contracts involving the sale of goods with significant emotional value. And it addresses the issues on whether the delivery of non-compliant goods with ESG standards can be considered as an aspect of non-conformity under the CISG. Furthermore, it explores whether and how a corporate ESG codes of conduct can be duly incorporated into contract. Design/Methodology – In order to achieve the purposes of the study, it is based on a literature review which is related to the rules under the CISG as to the seller’s delivery of goods associated with emotions derived from the purchase of goods compliant with ESG standards. It mainly focuses on the rules of the CISG as to the incorporation of standard terms and the duty to deliver conforming goods. Findings – The main findings of this study are as follows. First, the view that it could be applicable based on CISG Art. 3(2) cannot be supported because emotions associated with the purchase of goods cannot be separated from the goods and treated as an independent part of the contractual obligations. Second, depending upon a matter of interpretation of contract one must sometimes incorporate minimum ESG standards into contract if the parties should have known or were expected to know in international trade for the type of transaction in question. Third, the aspects of conformity under the CISG include not only the physical conditions of the goods but also non-physical conditions which are related to various aspects of ESG standards. And as the minimum ESG standards increase due to the recent trend of social conscious consumerism, it is unreasonable not to hold the seller liable for the goods manufactured processed in a manner inconsistent with the standards only because they can be resold in a market which may damage fatally the buyer’s commercial reputation. Originality/value – It may offer guidance to both practicing lawyers and business professionals who are considering entering the sales market, particularly those dealing with goods produced or manufactured in accordance with ESG standards. In addition, it may render us an insight to newly developed or developing rules in this area and show us how they interact with each other.
목차
1. Introduction
2. Emotions and ESG in Sales Contracts and Applicability of the CISG to the Sale of Emotion
3. Contractual Incorporation of ESG Standard Terms
4. Emotional Non-conformity
5. Conclusion
References
키워드
해당간행물 수록 논문
- Journal of Korea Trade (JKT) Vol.28 No.1 목차
- Strategies to Promote the Export Competitiveness of the Laver Industry in South Korea: Focusing on the SWOT-AHP Method
- The Influence of Foreign Directors on Cross-Border M&A Completion
- Research on Export Sophistication, Efficiency, and Potential of Agriculture Product Trade between South Korea and RCEP Countries: Based on the Stochastic Frontier Gravity Model
- Examining Software Bill of Materials (SBOM) Adoption in Global Logistics Systems
- How Does the Level of Control, Support, and Social Integration of the Parent Firm Affect the Exploitative/Explorative Capabilities of the Foreign Subsidiary? Empirical Evidence from Korean Listed Firms
- Analysis of Factors Influencing the Level of E-Commerce Utilization and Digital Social Participation According to the Changes in the Digital Trade Environment: Focusing on the Low-Income Class in Korea
- Trade-Embedded GHG Emission Transfer between South Korea and the EU
- The Impact of Consumer Characteristics and Brand Attributes on Global Brands: A Focus on the MZ Generation in Emerging Markets
- ESG and Emotional Non-conformity of Goods in Contracts for International Sale of Goods
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