@misc{9226618,
  abstract     = {{In today’s globalised economy, many companies rely on complex supplier networks, which entails risks of violations of human rights and environmental standards. In response, the EU has adopted the Corporate Sustainability Due Diligence Directive (CSDDD). This extensive regulatory framework imposes a binding responsibility on large European companies to identify, prevent, and remediate adverse impacts within their chains of activities, including through the requirement to seek to obtain contractual assurances from their business partners. 

These contractual assurances raise questions regarding the consequences of non-compliance. This thesis analyses the interplay between the CSDDD and the CISG – the premier instrument governing international commercial trans-actions. Specifically, it explores the applicability of CISG remedies to breaches of human rights and environmental due diligence (HREDD) clauses. The purpose is to examine how the CISG remedies can be applied in the event of a breach of an HREDD clause based on the directive. The study is grounded in the legal dogmatic and EU legal methods, incorporating elements of a forward-looking legal dogmatic method, to evaluate an emerging legal landscape characterised by a scarcity of judicial precedent.

The investigation shows, first, that contractual assurances should not be understood as guarantees. Rather, they constitute obligations of means, where the central element is the exercise of due diligence, not an absolute result ensuring that no adverse impacts occur at all. Furthermore, it is concluded that the parties enjoy contract drafting flexibility under overarching directive principles. Second, it is established that an HREDD breach discovered after the passing of risk can, as a general rule, be qualified as a lack of conformity under Article 35 CISG, whereas a breach occurring before the passing of risk should be treated as a violation of an additional obligation or an anticipatory breach. Third, challenges in reconciling the CISG remedy system with the directive are presented. Traditional remedies like price reduction and damages risk depleting the supplier’s financial capacity to execute necessary corrective actions, while contract avoidance fundamentally undermines the directive's mandate for sustained cooperation and shared responsibility. Consequently, specific performance and targeted remedial actions emerge as the most appropriate remedies.

Ultimately, this thesis concludes that an inherent friction exists between the compensatory nature of international sales law and the corrective ethos of the CSDDD. While the CISG provides a viable framework for addressing HREDD breaches, contracting parties must proactively tailor their remedial schemes to achieve full compliance with the CSDDD. The guiding principle governing HREDD breaches must be to prioritise remediation over repression.}},
  author       = {{Bengtsson, Caspian}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Hållbara påföljder i internationell köprätt? - En analys av avtalsklausuler baserade på CSDDD:s krav om tillbörlig aktsamhet i förhållande till påföljdssystemet i CISG}},
  year         = {{2026}},
}