Full Description
The Routledge Handbook of Private Law and Sustainability reflects on how the law can help tackle the current environmental challenges and make our societies more resilient to future crises.
Sustainability has been high on the political agenda since the approval of the Sustainable Development Goals in 2015 and the EU Green Deal in 2019. The Green Agenda aims at making Europe the first climate‑neutral continent by 2050, but humanity persists in an ecological overshoot that puts at risk the survival of species, including that of our own. Drawing together a selection of leading thinkers in the field, this Handbook provides a curated overview of the most recent and relevant discussions for private lawyers related to environmental and sustainability concerns. The authors delve into case study examples from 20 countries in Europe and beyond and discuss a wide range of issues, including new property law and consumer law paradigms, the use of legal tech for promoting sustainable property management, strategies for fighting planned obsolescence, eco‑design, the servitisation economy, advances on corporate climate litigation and mandated green private sludges. Overall, the volume is designed to empower new generations of legal scholars to take an active role in the transition to a more sustainable future. It will also assist policymakers in producing better policy, through pinpointing the main legal issues that need to be addressed and offering a comparative overview of legal solutions and best practices.
Divided into six key parts and overseen by a team of internationally recognised expert editors, this Handbook will be an essential resource for students, scholars, private lawyers and policymakers who wish to have a comprehensive, fundamental overview of how environmental sustainability concerns reflect on private law.
Contents
PART 1 Greening Private Law and in Particular the Law of Obligations
1 Private Law and Environmental Sustainability
Barbara Pozzo
2 Towards a Sustainable Interpretation of Standard Contract Terms?
Dario Hug
3 Environmental Delicts and Post‑Communist Private Law in Bulgaria: Time for Reforms in View of UN's Sustainable Development Goals and the European Green Deal?
Radosveta Vassileva
4 Private Law as a Tool to Overcome Split Incentives on Energy Efficiency in the Residential Rental Market
Rosa M. Garcia-Teruel
5 Who's Afraid of Sustainability? A Primer for Mainstreaming Sustainability in Private Law Education
Candida Leone
PART 2 Fostering Environmental Protection through Consumer Law
6 Various Approaches to 'Greening' Consumer Sales Law
Fryderyk Zoll, Katarzyna Południak‑Gierz, Wojciech Bańczyk and Maciej Bujalski
7 The (Un)sustainability of the Sale of Goods in Directive (EU) 2019/771
Maria Miguel Oliveira da Silva and Jorge Morais Carvalho
8 The Blinding Effect of EU Consumer Policy Overshadows the Role of Consumer Law in Delivering the Green Transition
Lucila de Almeida and Fabrizio Esposito
9 Revisiting European Consumer Protection through the Lens of Sustainable Markets
Mireia Artigot Golobardes
10 Sustainability Challenges in Slovenian Private Law: A Focus on the Nature of Goods
Petra Weingerl
PART 3 Coordinating Public and Private Sustainability Law in Europe
11 Sustainability as a Regulatory Principle and the Rules of Economic Development: The Italian Legal System
Guido Alpa
12 Sustainability and the Impact of the Court of Justice of the EU
Verica Trstenjak
13 Private Law Responses to Imperfect Regulation in International Public Law - The Case of Vessel Recycling
Kristina Siig
14 Amendments to Articles 9 and 41 of the Italian Constitution on the Protection of the Environment and Intergenerational Responsibility
Roberta Calvano
15 The Case for a Stable Climate: The Urgent Need for a Subjective (Personality?) Right in the Portuguese Legal System
Maria Regina Redinha and Maria Raquel Guimarães
PART 4 Conciliating Property Rights and Environmental Protection
16 Property Law and (More Than One Notion of) Sustainability: A New Field
Björn Hoops
17 A New Paradigm of Ownership in Italian Private Law?
Francesco Zecchin
18 Using Tokenisation in Support of a 'Superficies Sustainable': A Dutch Case Study on LegalTech to Support Sustainability Goals
Jasper Verstappen and Tim van Zuijlen
19 The Ecological Function of Property in the Constitution of Slovenia
Miha Juhart
20 Electromobility Reconstruction of Buildings and Sustainable Property Management
Tatjana Josipović
21 Distributional Effects of Disaster Management
Willemijn van Doorn-Hoekveld and Marleen van Rijswick
PART 5 Green Economy Transition: Sustainable Consumption and Production
22 The Interplay between Ecodesign and Consumer Sales Law
Victor Mehnert and Hans-W. Micklitz
23 Cooling‑Off Hot Deals: A Plea for Green Sludge in Distance Sales Contracts
Marta Santos Silva and Tomàs Gabriel Garcia‑Mico
24 How Can We Persuade Consumers to Purchase More Sustainable Products? A Review of European Legal Developments
Carl Dalhammar and Eléonore Maitre-Ekern
25 The Battle against Planned Obsolescence - Legal Remedies
Denis Philippe
26 Leveraging Regulatory Measures to Enhance the Sustainability Potential of Servitisation in the EU
Janja Hojnik
27 Private Standardisation for Sustainability: Opportunities and Cases
Yayun Shen and Michael Faure
PART VI Dealing with Climate Justice and Corporate Responsibility
28 Sustainability and Private International Law
Ralf Michaels and Samuel Zeh
29 Individual Redress and Ecological Claims - New Wine into Old Wineskins?
Sandra Passinhas
30 The EU Green Deal and the Sustainability of Corporate Activities
Hugo-Maria Schally
31 Corporate Purpose as a Conduit for Sustainability in Corporate Governance
Iain MacNeil and Irene-marie Esser
32 Online Platforms and Sustainability: How to Engage Digital Intermediaries in Sustainability Goals?
Carlos Gómez Ligüerre and Lela Mélon
33 The Sustainability Obligation in Global Value Chain Contracts
Jakub Błażej Zwierzchowski and Ewa Rott-Pietrzyk
34 Contract Law and Sustainability of Global Value Chains: Assessing the Proposal for an EU Corporate Sustainability Due Diligence Directive from a Contract Law Perspective
Rebecca Ravalli
35 Environmental Litigation: Is It a Matter of Public or Private Law? An Exploration of Cross‑Fertilisation of Environmental Law Concepts in the Context of French Case Law
Marc Clément
Epilogue: A Marble World and Humans Shaking Hands
