Teaching sustainability in transnational commercial law: three dilemmas

This article explores three dilemmas in integrating sustainability into commercial law courses. First, should sustainability be explicitly addressed in the curriculum or deliberately omitted? Second, should the regulatory framework surrounding sustainability be presented as a constraint on party autonomy or, rather, as part of the lex mercatoria or established commercial usages and, thus, as a means of enhancing private governance? Third, what depth of understanding should be targeted when teaching sustainability in transnational commercial law? To address these dilemmas, the article uses examples from recent developments in international commercial law, such as the interpretation of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and emerging case law, to illustrate the growing relevance of sustainability in commercial transactions. It concludes by suggesting that, while solutions to these dilemmas may vary based on individual preferences and contextual factors, ongoing reflection on these choices is essential for providing a balanced education to future transnational commercial lawyers.