Suchergebnisse

AbstractThis article examines the extent to which tort law can be used to incentivise the creation of the circular value chain and the design of products that live up to the requirements of the circular economy. In doing so, this article focuses in particular on the concepts of product liability and value chain liability. It shows that whereas the product liability framework has clearly been thought out to fit the linear value chain, central product liability concepts are also sufficiently flexible to be able to take in circularity considerations. The same goes for the concept of value chain liability. This article also shows how both types of liability become intertwined in the circular value chain.

Abstract
Companies in global value chains respond to the general sustainability agenda in society by inserting sustainability clauses into their contracts and it has been argued that there is a need to develop general contract law (default contract law rules) in order for it to be able to respond to this sustainability agenda. This article firstly examines the basis for this view and three specific areas of interest in this regard. Secondly, it draws attention to the internal tensions that will be created in the chain by on the one hand pursuing sustainability goals, external to the interests of the contracting parties, and on the other hand a consequential need to protect the supplier as the weaker party in the chain.