The Enforcement of the ESG Principles in a Transnational Dimension

A collection of essays titled The Enforcement the ESG Principles in a Transnational Dimension / L’attuazione dei principi ESG nella dimensione transnazionale edited by Stefania Bariatti (University of Milan), Olivia Lopes Pegna (University of Florence), Lorenzo Schiano di Pepe (University of Genoa), Luigi Fumagalli and Zeno Crespi Reghizzi (both University of Milan) has recently been published by Giappichelli.

The book features contributions in English and Italian and can be freely accessed here.

The aim is to explore and critically analyse the role of EU law in ensuring a higher degree of enforceability of principles, rules, and guidelines relevant to ESG, and to assess the enforceability of ESG standards under private international law and procedural techniques.

The first section is devoted to the internal and external dimensions of ESG principles under EU law. Of interest to the readers of this blog may be the contribution by Laura Carpaneto (Due Diligence, Chain of Activities and Protection of Human Rights Under EU (Private International) Law).

The second section is devoted to issues of jurisdiction and applicable law in the enforcement of the ESG principles in a transnational dimension. Opened by a general report by Hans van Loon, the section includes contributions on jurisdiction by Michele Grassi (Jurisdiction of EU Courts in Environmental Damage Claims Against Non-EU Domiciled Defendants), Anna Liebman (Human Rights and the CSDDD Directive: Jurisdiction in Contractual Claims Within the Value Chain), Eduardo Álvarez-Armas (Jurisdiction in Climate Change Litigation) and Lenka Válková (Litigation Climate Change in the EU: A New Challenge for the Jurisdictional Rules in the Brussels Ia Regulation?).

Issues relating to applicable law are dealt with by Olivera Boskovic (The Law Applicable to Environmental Damage Claims), Stefano Dominelli (Ecological Damage and Conflict of Laws: A Plea Against Post-Colonial and Anthropocentric Approaches in Private International Law), Roberta Greco (The Law Applicable to Human Rights Claims), Silvia Marino (The Law Applicable to Climate Change Litigation) and Caterina Benini (The Relevance of Space and Time to the Determination of the Law Governing Tort Liability from Climate Altering Activities).

The third section is about recognition of ESG-related judgments. The contributions, in Italian, were authored by Ornella Feraci (on the particular challenges posed by climate change-related litigation and recognition of foreign judgments), Pietro Franzina (on the assessment of the jurisdiction of the court of origin as a pre-condition for the recognition of ESG-related judgments), Giovanni Chiapponi (on procedural public policy, punitive damages and evasion of law), and Olivia Lopes Pegna (on the cross-border recognition of ESG-related settlement agreements). A paper by Francesco Salerno offers some concluding remarks on the recognition of foreign judgments in relation with ESG principles.