Jul 2026· Pécs journal of international and European law· 0 citations
Abstract
The concept of sustainability––which has become central to today’s legal and economic systems–– is being transformed from a broad social, ecological and business-related concern into a binding legal principle that concerns and affects both public and private law. In other words, sustainability is also being transformed into a binding legal paradigm in the European Union (EU) and beyond, rather than merely a corporate aspiration. However, despite its established status and ongoing efforts, the process of integrating this relatively new concept into contract law systems remains superficial and fragmented. Sustainability obligations are still treated as a fragmented structure that cannot be clearly defined in contracts; they are mostly integrated into contracts as voluntary commitments and independent provisions, which are binding only on the contracting parties. This study argues that achieving sustainability in the literal sense is only possible through a comprehensive contractual approach that embeds and integrates environmental, social, and governance (ESG) elements into the entirety of the contractual relationship. The examination of regulations such as the EU Corporate Sustainability Due Diligence Directive (CSDDD) and the Corporate Sustainability Reporting Directive (CSRD) reveals that the sustainability obligations imposed on companies are inevitably transferred to private law relationships, particularly global supply chain contracts. A holistic approach could ensure that the sustainability obligations provisions may embody as binding provisions that are supported not only symbolically but also by measurable standards, audits, accountability mechanisms, and transparency.
Contractual sustainability meets the requirement to be a general principle of law and, in particular, of transnational commercial law, as it protects an urgent and basic shared ethical value and expresses the duties that we all owe to present and future generations. Contractual sustainability refers to achieving or promoting sustainable development through contractual mechanisms in order to fulfil a requirement of justice towards our own generation and future generations. In so far as the principle of contractual sustainability can lead to the existence of reciprocal duties between the contracting parties, contractual mechanisms (generally recognized at a transnational but also at a domestic level) are able to accommodate and enforce these duties. However, if the existence of these duties in some way affects third parties (typically, stakeholders), then contractual sustainability poses difficult challenges for the doctrine of privity of contract. In our analysis, we review different legal mechanisms that can protect third party beneficiaries. These are mostly focused on express and implied beneficiaries—that is, third parties that benefit from the contract because the contracting parties have included them in it, expressly or implicitly. However, incidental third parties—that is, people outside the contract but who have a sustainable interest in it—can usually gain protection only via express legislation or under tort. We promote the further development of the expansive effect of contracts to give rise to some contractual rights for incidental third parties and thus offer a solution that strikes an adequate balance between privity and contractual sustainability as a matter of contractual justice.
María Ignacia Vial Undurraga, Isabel Margarita Zuloaga Ríos· Uniform Law Review = Revue d...· 0 citations
This paper examines the doctrinal status of sustainability as a legal principle and explores how its normative content is concretised through the regulation of the circular economy. Drawing upon legal doctrine and legal theory, the study analyses the concept of legal principles, competing monist and pluralist approaches to the normative structure of sustainability, and the conditions under which sustainability may acquire genuine legal force. It argues that the legal status of sustainability cannot be determined in the abstract level but depends on the institutional and regulatory framework within which it operates. The paper identifies European Union circular economy regulation as the most developed example of the life-cycle-based normative concretisation of sustainability. Rather than treating the circular economy as a distinct legal principle, the study demonstrates that it transforms the abstract requirements of sustainability into a coherent system of legally enforceable obligations governing the entire life cycle of products, from design and production to use, repair, reuse, and recycling.
Global environmental crises and the increasing contribution of private sector activities to ecological degradation create serious challenges for sustainable development in Uzbekistan. Although Uzbekistan has adopted green economy policies and environmental regulations, the implementation of sustainability principles in contractual relationships remains limited due to the absence of clear sustainability standards, weak corporate environmental awareness, and limited judicial practice. This study examines the reconstruction of Uzbekistan’s contract law based on sustainability principles using a normative juridical and comparative legal approach. The findings reveal that Uzbekistan still lacks comprehensive legal mechanisms for integrating sustainability principles into contractual relations and environmental liability systems, while international practices demonstrate that sustainability standards, environmental certification, green procurement, and effective dispute settlement mechanisms can strengthen ecological responsibility in business activities. Therefore, Uzbekistan needs a more integrated sustainability-based contract law framework to support environmental protection and sustainable economic development.
Iroda Yakubova, A. Makhmudov, Dinara Islamovna et al.· Journal of Human Rights Cult...· 0 citations
The Corporate Sustainability Due Diligence Directive (CSDDD) represents a central pillar of the European Green Deal’s effort to integrate sustainability and human rights obligations into corporate governance. By imposing mandatory due diligence obligations on large EU and non-EU companies operating within the internal market to identify, prevent, mitigate, and account for adverse human rights and environmental impacts of their activities, subsidiaries, and value chains, the CSDDD marks a paradigm shift from voluntary corporate social responsibility frameworks toward enforceable legal duties. However, its adoption has been significantly shaped by the introduction of the so-called Omnibus I package, which recalibrated the scope, obligations, and enforcement mechanisms of the original Commission proposal. The analysis in the first part of the paper shows how the Omnibus I adjustments influenced the final adopted text of the CSDDD, assessing the implications for regulatory ambition, legal certainty, and corporate accountability. Based on a theoretical analysis of legislative documents and a comparative evaluation of pre- and post-Omnibus provisions, the paper argues that while the adopted CSDDD maintains the Green Deal’s core objectives, Omnibus I reflects a pragmatic move toward regulatory simplification and political feasibility. The second part of the paper examines the normative and practical implications of both legislative instruments, emphasizing the mechanisms through which they operationalize the protection of human and environmental rights. Further, it explores the challenges and opportunities associated with their implementation, including corporate compliance, liability and the intersection of EU law with international human rights norms. The analysis underscores the importance of integrating legal mandates with corporate governance to achieve tangible reductions in environmental degradation and human rights violations, thereby advancing the EU’s strategic objectives of sustainable and responsible economic development. The paper concludes that the CSDDD, even modified through Omnibus I, represents a significant step toward integrating sustainability, human rights and environmental protection into the core of EU corporate law, though its ultimate effectiveness will depend on careful legislative design and robust implementation. Together, these instruments address the historical inadequacies in corporate accountability that have often resulted in the reduction or violation of human rights and environmental rights.
P. Poretti, Petra Jurina· EU and Comparative Law Issue...· 0 citations
This article examined the emerging concept of sustainability collaboration within Indonesia's competition law framework, highlighting the need to reconcile environmental sustainability with effective market competition. Indonesian competition law, particularly Law No. 5 of 1999, traditionally prohibited horizontal agreements under a rigid approach, whereas global developments increasingly recognized sustainability agreements that generated long-term consumer welfare. This study employed normative legal research with a comparative approach, using the regulatory frameworks of the European Union and the United Kingdom as benchmarks. The analysis identified a significant regulatory gap in Indonesia, where Article 50 of Law No. 5 of 1999 did not accommodate environmental efficiencies such as carbon reduction and sustainable supply chains. To address this gap, the study proposed revitalizing the public interest exception, adopting a dedicated KPPU Regulation on Sustainability Agreements, and introducing an open door policy to provide greater legal certainty for businesses. It concluded that shifting toward a long-term consumer welfare standard was essential to support both competitive markets and sustainable economic development in Indonesia.
Diana Fitriana, M. I. F. Rahayu, Sugeng Sugeng et al.· Fiat Justisia: Jurnal Ilmu H...· 0 citations
The problem addressed in this research concerns the global issue of environmental protection through the examination of the role played by the incorporation of sustainability principles into private contracts in shaping the legal concepts of freedom of contract, good faith, and civil liability. The normative legal methodology used in the research implies a qualitative study of legislation and legal philosophy, showing that green clauses restrict the notion of absolute freedom of contract by imposing responsibilities for the prevention of adverse environmental impacts and by establishing civil liability for negligent or harmful behavior toward the environment. In addition, these clauses encourage parties to adopt more responsible and ethical standards in their contractual relations, aligning private interests with broader public and ecological concerns. As a result, it becomes possible to formulate a doctrinal rule according to which private actors must take environmental considerations into account when performing any activity, thereby contributing to sustainable development and long-term ecological balance.
Safina Rama Dewi, H. Hassanah· Proceeding of International...· 0 citations