Michaels and Zeh, ‘Sustainability and Private International Law’

ABSTRACT
Private international law has an important, but underappreciated, role to play among the legal responses to the greatest challenges facing our planet. This chapter focuses on the discipline’s traditional role of coordinating the interplay between different private law regimes and its facilitative and regulatory functions. In a dichotomy that parallels the tension between development and sustainability, private international law both facilitates free movement across borders and regulates conduct that is harmful, both to vulnerable parties and to the environment. The chapter addresses general structural questions and presents two specific examples of private international law’s role vis-à-vis sustainability: transnational climate change litigation, and supply chain governance.

Michaels, Ralf and Zeh, Samuel, Sustainability and Private International Law (May 8, 2024), Routledge Handbook of Private Law and Sustainability, pp 479-499 (Marta Santos Silva, Andrea Nicolussi, Christiane Wendehorst, Pablo Salvador Coderch, Marc Clément and Fryderyk Zoll, eds, Routledge, May 2024 [10.4324/9781032662046-34]); Max Planck Private Law Research Paper No 24/16.

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