European Yearbook of International Economic Law 2022

Climate change is the defining challenge of our time. While political leadership and scientific expertise are key, law has a major role to play in fashioning responses. Volume 13 of the EYIEL assesses central aspects of the legal regimes governing "Climate Change and Liability". Covering traditional trade and investment topics as well EU instruments regulating private actors, contributions reflect the diverse links between international economic law and climate change. Through a mix of foundational inquiries and coverage of current issues (such as climate change litigation), the volume offers a rich and nuanced account of international economic law in an era of "Climate Change and Liability".

Editorial.- PART I – Climate Change & Liability.- Climate Change Challenges Constitutional Law: Contextualising the German Federal Constitutional Courts Climate Jurisprudence within Climate Constitutionalism.- Trans-Nationally Determined Contributions for climate justice: Resolving a Paris Agreement’s contradiction that is working against developing states.- The Green Climate Fund, Climate Change and Corporate Due Diligence: What Role for the Private Facility Sector?.- Market Access Conditionality and Border Carbon Adjustments.- Removing Barriers to Climate Change Litigation: The Progressive Erosion of Central Banks’ Immunity.- The WTO Panel Report on US-Safeguard Measure on PV Products: A Decisive Victory for the Fight Against Climate Change?.- The Innovative Trade and Climate Action-Linkage in the EU-UK Trade and Cooperation Agreement – A Template for the EU’s New Approach to Green Trade Agreements.- The Investment Treaty Regime and the Clean Energy Transition.- Making the Energy Charter Treaty Climate-Friendly: An (Almost) Impossible Leap.- Making Finance Flows Consistent with the Aims of the Paris Agreement – Roles, Obligations, and Limitations of the EU Banking Sector and Its Regulatory and Supervisory Institutions.- The Double Materiality Principle (Article 19a NFRD) as Proposed by the Corporate Sustainability Reporting Directive – An Effective Concept to Tackle Green Washing?.- Assessing the Climate of ‘Shareholder based Climate Change Litigation’ in the Global South.- From Unilateral Border Carbon Adjustments to Cooperation in Climate Clubs: Rethinking Exclusion in Light of Trade and Climate Law Constraints.- Environmental and Sustainability Aspects in EU Competition Law – Towards a “More Economic & Ecological Approach” under Article 101 TFEU?.- Climate-Related Individual Rights Under EU Secondary Law and Limitations to Their Material Scope.- Reducing GHG Emissions in a Constitutional Democracy – When EU Civil Courts adjust the EU Emission Trading System.- The Proposed EU Regulation on Trade in Forest-Risk Commodities (FRCs): A First Assessment.- PART II – Current Challenges, Development and Events in European and International Economic Law.- Seven Years Inside the Trade Defence Machinery Room – How Political is the European Commission?.

Christina Binder is Professor for International Law and International Human Rights Law at the Bundeswehr University Munich since April 2017. Before, she was University Professor of International Law at the Department of European, International and Comparative Law at the University of Vienna. Christina was member of the Executive Board of the European Society of International Law (ESIL) 2014-2022 and also served as ESIL’s Vice-President. Her research focuses on a number of public international law issues, including human rights, the law of treaties, international investment law, democracy and political participation as well as international environmental law. She is co-editor of the Zeitschrift für Menschenrechte, the European Yearbook of International Economic Law and of the Hungarian Yearbook of International and European Law and has widely published, in edited volumes and in peer-reviewed journals.

Marc Bungenberg is Director of the Europa-Institut and Professor of public law, European law, public international law and international economic law as well as Director of the Europa-Institut and Jean Monnet Chair European Constitutional Framework of International Dispute Settlement and Rule of Law Saarland University in Germany (since 2015), visiting professor at the University of Lausanne/Switzerland (since 2011). He has taught at inter alia Sydney, Geneva, Lucerne, Lausanne, Taschkent, Copenhagen, Hamburg, Munich. He received his doctorate in law from the University of Hannover and wrote his habilitation treatise at the Friedrich-Schiller-University Jena. He holds an LL.M. from Lausanne University. His main fields of research are European (Common Commercial Policy, public procurement and state aid law) and international economic law, particularly international investment, raw materials and WTO law.

Markus Krajewski is University Professor at the University of Erlangen-Nürnberg and holds the Chair in Public Law and Public International Law. He is one of the programme directors of the MA in Human Rights and chairperson of the Interdisciplinary Research Centre for Human Rights Erlangen-Nürnberg (CHREN). He also chairs the Board of Trustees of the German Institute for Human Rights and is Secretary-General of the German Branch of the International Law Association.

Giesela Rühl is Professor of Private International Law and Comparative Law at Humboldt-University Berlin (Germany). She is the author and editor of numerous publications dealing with private international law and international civil procedure. She serves as the Secretary General of the European Association of Private International Law and is a member of various academic institutions including the European Law Institute, the European Academy of Sciences and Arts and the International Academy of Comparative Law.

Christian J. Tams is Professor of International Law at the Universities of Glasgow and Paris 1 (Panthéon Sorbonne) and currently serves as Vice-President of the European Society of International Law. His research focuses on public international law, with a focus on dispute settlement, State responsibility and investment protection. An academic member of Matrix Chambers London, Christian is regularly instructed by States, individuals and investors inproceedings before international courts and tribunals.

Jörg Philipp Terhechte is Professor for Public Law, European and International Law, Regulation and Competition Law at Leuphana University Lüneburg. He is managing director of the Leuphana Competition & Regulation Institute and since 2013 head of Leuphana’s Professional School. He was appointed vice-president of Leuphana University of Lüneburg in 2016. Since 2018 Terhechte is Professor for European and International Economic Law at the University of Glasgow and a Visiting Professor at St. Andrews in 2021 and 2022.

Andreas R. Ziegler is Professor of International Law at the University of Lausanne (Switzerland) and Director of its LLM Program in International Business Law as well as its Centre for Comparative, European and International Law. Previously he was a civil servant working for several Swiss Ministries (Foreign Affairs, Trade) and international organizations (EFTA, EU). He regularly advises Governments,