The Contractualisation of Environmental Sustainability

Abstract

AbstractThe article discusses the relationship between contract law and environmental sustainability. Firstly, it questions whether certain values, which the concept of sustainable development incorporates, are compatible with contract law. Could we consider sustainability goals as implied terms of international business contracts in the absence of an express agreement? Secondly, the article notes and analyzes the process of contractualisation of sustainability objectives in international business contracts. It also examines the current limitations of enforcing sustainability contractual clauses. The conclusion is that contract law should accommodate environmental sustainability as a matter of contractual justice.