Ensuring Commutative Justice in International Trade Law (With Particular Attention to the Provisions of the Convention on Contracts for the International Sale of Goods)

Abstract

This article examines the concept and mechanisms for ensuring commutative justice in international trade law, with particular emphasis on the United Nations Convention on Contracts for the International Sale of Goods (CISG). Commutative justice, as one of the fundamental principles governing commercial exchanges, seeks to ensure the relative equivalence of reciprocal performances and to prevent the realization of unjust enrichment for either party to a contract. Within the framework of the CISG, this principle is not expressly recognized under an independent title; nevertheless, its underlying rationale can be identified through concepts such as good faith, adaptation to surrounding circumstances, the right to avoid the contract in cases of fundamental breach, and the rules governing price reduction and damages. This study clarifies the concept of commutative justice within various legal traditions and analyzes the CISG’s approach to the issue through an examination of relevant provisions, particularly those concerning defects in goods, non-conformity of goods, remedies available to the aggrieved party (including replacement of goods, repair, and price reduction), and the right to avoid the contract. Ultimately, the article evaluates the effectiveness of the mechanisms provided under the CISG in achieving commutative justice and discusses the principal challenges and possible solutions in this regard.