Sustainability Clauses in International Business Contracts (Dovenschmidt Monographs), by Katerina Peterkova Mitkidis
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Sustainability Clauses in International Business Contracts (Dovenschmidt Monographs), by Katerina Peterkova Mitkidis
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Sustainable development is a globally recognized goal. However, governments are failing to reach agreement on how this should be achieved. Private actors that are under stakeholders' pressure try to fill this regulatory gap by developing various types of transnational private regulation. However, transnational private regulation suffers from weak legitimacy, questionable effectiveness, and lack of credible enforcement. This book suggests that supply chain contracting may offer an alternative regulation that could lead away from the current regulatory impasse, or at least be one of the missing pieces in the puzzle. Despite the traditionally primary goal of business - to make a profit - companies are, under the imperative of corporate social responsibility (CSR), engaging in activities pursuing public goals in the social and environmental spheres. The book examines one of the tools developed to implement CSR into the business operations: social and environmental clauses in international supply chain contracts ('sustainability contractual clauses,' SCCs). Since there is a lack of literature and regulation on this topic, companies use SCCs without proper knowledge or guidance on why and how this should be done, and on what legal consequences this may have. The book fills this gap by discussing the use of the legal instrument of contract to pursue social and environmental goals; analyzing the legal framework of sustainability contractual clauses; examining what legal effects SCCs may have; and evaluating the contribution of this activity in terms of achieving sustainable development objectives. The aim is to explore both the potential and the limitations of contractual governance in achieving global sustainability and thus contribute to the current discussion on the development of new regulatory and governance designs in this area. (Series: Dovenschmidt Monographs - Vol. 3) [Subject: International Law, Business Law, Economic Law, Trade Law, Contract Law, Environmental Law]
Sustainability Clauses in International Business Contracts (Dovenschmidt Monographs), by Katerina Peterkova Mitkidis- Amazon Sales Rank: #5666662 in Books
- Published on: 2015-03-16
- Original language: English
- Number of items: 1
- Dimensions: 9.50" h x 6.50" w x 1.00" l, .0 pounds
- Binding: Hardcover
- 356 pages
About the Author Katerina Peterkova Mitkidis gained valuable experience working as a legal assistant in Prochazka/Randl/Kubr Attorneys at Law, where she was involved mainly in labor law, in the law firm of Mgr. Varga, where she was occupied primarily with civil and criminal law, and Baker & McKenzie Prague office where she was a member of the team dealing with pharmaceutical law. In addition to pharmaceutical law, Katerina Mitkidis specializes in competition law. She provides legal services in Czech, English and French. Following her engagement in 2009 and 2010 as a law clerk in HZ, Katerina Mitkidis has interrupted her legal traineeship in order to pursue her Ph.D. degree and to teach at the Aarhus Universitet in Denmark.
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1 of 1 people found the following review helpful. The implications discussed By Phillip Taylor MBE SUSTAINABILITY CLAUSES IN CONTRACTS: THE IMPLICATIONS AND ISSUES ANALYSED AND DISCUSSEDAn appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green ChambersThe concept of corporate social responsibility (CSR) has been around for decades, as anyone who now and then dips into the Harvard Business Review and similar journals, will immediately realize. Latterly however, it has become a business imperative, particularly in respect of concern for the environment and for sustainable development.In all this there are serious legal implications and what the author of this book refers to as ‘the regulatory gap,’ with various governments disagreeing on how the globally recognized goal of sustainable development may be achieved. Corporate lawyers, especially environmental lawyers will certainly be interested in the examination of these and related issues put forward in this book, in which the author, Katerina Peterkova Mitkidis, turns the focus on CSR dilemmas in the direction of contract and contractual agreements.Published recently by Eleven International Publishing, based in The Hague, the book presents a body of research into at least one area that has not received all that much attention, namely ‘sustainability contractual clauses’ or ‘SCCs’. Putting it another way, these are basically social and environmental clauses in international supply chain contracts.Mitkidis therefore examines the use of private contracts to pursue public policy goals relating to sustainable development. Placed under scrutiny is the legal framework and the legal effects that SCCs might have in contributing to -- and eventually achieving -- sustainable development objectives. ‘The aim, says the author is ‘to explore both the potential and the limitations of contractual governance in achieving global sustainability.’With a number of governments, especially in certain developing countries, reluctant to fulfill even their basic environmental obligations, the author maintains that international supply chain contracts are indeed potentially suitable regulatory tools for global sustainability.To this end, she reviews such areas as the contract paradigm and the anatomy of the sustainability clause.These and other related areas of enquiry are subjected to rigorous and detailed analysis based on a monumental amount of research. (Note the extensive and detailed footnoting and the list of references of almost 30 pages.) There are practical suggestions too for methods and procedures by which the concept of -- and the implementation of -- sustainability may be undertaken by individual companies.This book makes a valuable contribution to the current -- and often urgent -- discussion generally on the responsibility of the global business community toward the environment and the legal tools which can ultimately bring environmental goals a lot further forward.Regulators, legislators and environmental policy makers in general, as well as legal researchers will welcome the insights and the careful analysis and argument presented in of this book.The publication date is cited as at 2015.
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