Sustainable Private Law

• Applicant: Professor Dr. Jan-Erik Schirmer
• Subject Area: Private Law ; Principles of Law and Jurisprudence
• Term: from 2021 to 2024
• Project identifier: Deutsche Forschungsgemeinschaft (DFG) - Project number 458303786

Some argue, sustainability is the key to human survival. Others call it the fundamental question of the 21st century. In any case, sustainability is a core concept of today’s international policy. Introduced by the 1987 UN-Brundtland Report, sustainability demands “development that meets the needs of the present without compromising the ability of future generations to meet their own needs”. In other words, sustainability calls for long-term socioeconomic development without sacrificing the Earth’s ecological integrity.Yet, sustainability is more than just a policy concept. Over time, it has emerged as a fundamental principle of law and governance. Accordingly, many states implemented environmental protection laws, introduced bans and taxes, provided state aid to developing countries etc. In other words, sustainability was mainly considered a task of public regulation – as a matter of the state, governed by public law and international treaties.This understanding changes. Slowly but steady the concept of sustainability advances into private law, too. In corporate law, for example, there is an ongoing debate if globally operating companies should be engaged in actions that further some common good (Corporate Social Responsibility, CSR). To enforce the idea of CSR, some argue that companies should be liable for illegal actions of their subcontractors, such as environmental disasters or inhumane working conditions. In the area of Sales Law, to name another example, scholars are considering regulatory measures to shift private consumption towards more resource efficiency. This development, however, is not appreciated by everyone. Some call it a "revolution", others fear a “system collapse".These reservations do not come out of the blue. Mobilizing private law for the sake of sustainability is questionable. Should a framework that was made for the interactions of self-interested private individuals really take sides with a general public interest – especially if that particular interest mainly promotes the welfare of foreign societies and future generations? And even if those doubts can be dispelled, how could German private law manage to improve the living conditions in Africa or take action against global warming exactly? Are Germanys Bürgerliches Gesetzbuch (BGB) and its counterparts properly equipped to save the world after all?For a successful integration core institutes of private law must be reconstructable in the light of sustainability. In my research project I would like to show why, how, and which of the core institutes of German private law - contract, tort, and property - can be reconstructed in the light of sustainability.

• DFG Programme: Research Grants