Tainted by harm but fit for sale? Supply chain regulation and the concept of non-conformity under the CISG

This article explores the interplay between the CISG and supply chain regulation, in particular the EU’s Corporate Sustainability Due Diligence Directive (CS3D). By analysing the CISG through the lens of environmental and human rights protection, this study demonstrates how (public law) sustainability duties – even when scaled back like via the “Omnibus I package” – can translate into contractual non-conformity under Art 35 CISG. A particular focus lies on exclusively production related issues, i.e. aspects of conformity not contained in the physical features of a good.