Routledge Handbook of Private Law and Sustainability

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  Sustainability: A New Field

            Björn Hoops

 

17.  A New Paradigm of Ownership in Italian Private Law?

      Francesco Zecchin

 

18.  Using Tokenisation in Support of ‘Superficies Sustainable’. A Dutch Case Study

      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 Electronic Consumer Contracts

            Marta Santos Silva and Tomàs Gabriel García-Micó

 

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 standardization for sustainability

          Shen Yayun and Michael Faure

 

PART 6 – 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-marié Esser

 

32.           Online Platforms and Sustainability: How to Engage Digital Intermediaries in                Sustainability Goals?

            Carlos Gómez Ligüerre  & Lela Mélon

 

33.           The Sustainability Obligation in Global Value Chain Contracts

            Jakub Błażej Zwierzchowski and Ewa-Rott Pietzryk

 

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 Law

            Marc Clément

 

Index

Epilogue

 

 

Biography

Marta Santos Silva is postdoctoral researcher at the Research Center for Justice and Governance at the University of Minho, and an affiliated researcher at the Maastricht European Private Law Institute and the Centre for European Law and Politics at the University of Bremen. Prior to her current role, she worked at Maastricht University and an affiliated senior researcher at KU Leuven researching at the intersection between private law and sustainability studies. She gained experience working in Brussels for a consultancy working with the European institutions. She was appointed member of the European Commission’s Expert Group on Liability and New Technologies (Product Liability Formation) and is an elected European Law Institute Council member.

Andrea Nicolussi is Full Professor of Civil Law at the Law Faculty of the Catholic University of Milan, where he teaches comparative private law and family law. His published works focus on unjustified enrichment, contract law and tort law, as well as biolaw and family law. He has taken part in international collaborations such as the Study Group on a European Civil Code and the Eusoco project and was a member of the National Bioethics Committee.

Christiane Wendehorst is Professor of Law at the University of Vienna. She is a member of the Academia Europaea, the Austrian Academy of Sciences, the International Academy of Comparative Law, the American Law Institute, and numerous international research groups and advisory bodies. Before going to Vienna, she held full professorships in Germany and served as Managing Director of the Sino-German Institute for Legal Studies. Professor Wendehorst was President of the ELI, was one of its Founding Members and is today the ELI’s Scientific Director.

Pablo Salvador Coderch studied law and economics at the University of Barcelona. He is a cofounder of and Emeritus Professor at the Pompeu Fabra University, Barcelona. Since 1995, he is of counsel at Cuatrecasas Abogados. He is a member of the ALI, the ELI, and the International Academy of Comparative Law and founder of InDret. He writes and teaches civil law, civil constitutional law, legislative drafting, and comparative law of torts and contracts.

Marc Clément is, since September 2018, the presiding judge at the Administrative Tribunal of Lyon (France). In addition, he is since 2014 member of the French Environmental Authority. He has experience working as a lawyer at the DG Environment of the European Commission and as a legal adviser of the European Environment Agency. He published in 2010 the book “Environment European Law” and contributed extensively to books in the field of environmental law.

Fryderyk Zoll is doctor honoris causa by the West-Ukrainian National University in Ternopil, Professor at the Chair of Civil Law at Jagiellonian University in Kraków and the European Legal Studies Institute, University of Osnabrück. He is the leading researcher of numerous Polish, German, and EU grants, a member of numerous academic associations and vice-chairperson of the Committee for the Defence of Democracy (KOD) regional board in Lesser Poland. He is a former member of the European Law Institute's Executive Committee, the Common Frame of Reference and the Committee of the Acquis Group drafting teams, as well as the Codification Commission at the Polish Ministry of Justice. He has authored more than 200 scientific publications in European private law, ecologisation of private law, consumer law, comparative law, legal education and judicial independence.