Sustainability as a general principle of transnational commercial contract law

Abstract

This article seeks to explore whether sustainability can be considered as a general principle of transnational commercial contract law since there is international consensus that sustainability is a fundamental legal value that should be protected by contract law. The article is structured in two main parts. The first deals with the notion of a general principle of contract law, addressing its definition, process of formation, main features, and the characterization of the general legal principle of sustainability. The second refers to the existence and contours of the principle of contractual sustainability, showing through a model case its content, the contracts where it applies, the legal techniques to implement it, and also providing the counter-arguments to the possible objections that can be raised against it. The article concludes that there is a principle of contractual sustainability, even if it is in an embryonic stage, that could be used as an effective ex ante legal tool to promote sustainability or to deter unsustainable conduct and also as an ex post corrective tool. This conclusion demands pushing the boundaries of the law and reshaping the way we think about contracts.