Products Liability in International Trade Law

Today, the development of international markets has caused a consequential increase in export of products. Industrial companies sell, more and more frequently, a significant portion of the products they produce to buyers domiciled abroad. Therefore, the risk of damage caused by products marketed in this way has increased simultaneously with the occurrence of conflict of laws. The legal framework, which determine the rights and obligations of the parties in an international commercial transaction, must be determined precisely. Considering the diversity of legal systems and the difference between liability regimes, harmonization by means of international agreements is widely recognized as the best solution to ensure the conformity of the legal issues which arise from international commercial transactions. Harmonization of the law on producer's civil liability for damage caused by their products intended for or involved in international sale or distribution could facilitate international trade by a unified system of liability standards. In the absence of an international convention on the liability for defective products, we allow ourselves to make proposal for an international convention on products liability applicable in the context of international trade which might be useful to the editors of this international convention in future.