M-EPLI Talks

M-EPLI Talks offer a forum to share academic work and ideas. These meetings take place twice a month during the academic year at the Faculty of Law of Maastricht University. Guest speakers are invited to:

  • Present work in progress, including papers and PhD dissertations.
  • Present academic projects to M-EPLI Fellows, including book or conference projects.
  • Critically comment on recent developments in the law, either at national or European levels, including changes in legislation, doctrine, and case law that might trigger future work in progress.

M-EPLI Talks 2025

Wednesday May 21 - 
11:00 - 12:00
Professor Rodrigo MombergThe impact of integrating ethical standards into contracts. A look at sustainability policies and clauses from a contract law perspective.

 

Abstract
For some time now, companies involved in the complex web of production and trade of goods and services have begun to be concerned about the environmental, social and cultural impacts that modern production methods generate. In this regard, they have implemented various measures and policies through 'corporate social responsibility' (CSR) models. This has resulted in the introduction of ethical standards into the contract, through so-called 'sustainability policies or clauses', which aim to discipline issues related to environmental, social and human rights matters. The data indicates that a significant number of companies, particularly those of medium and large size, have adopted a sustainability policy, either as an independent initiative or as part of a broader CSR strategy. Such policies allow companies to regulate their own conduct and that of their employees, as well as that of third parties with whom they have contractual relationships. 

The objective of this research project is to analyse, from the perspective of contract law, the legal implications of incorporating sustainability policies or clauses into contracts. This analysis will encompass the entire contract iter, from its formation to its performance. It is important to note that the scope of the research is limited to the relationships between the parties involved in the production or supply chain. It does not extend to the relationships that arise between the final seller or provider and the consumer or client. 

The research intends to address the following questions: How are these standards or policies validly and effectively incorporated into the contract? Next, if incorporated, do they create legally enforceable rights and obligations for the parties, or are they mere declarations without legal effectiveness? And finally, if legally binding, what are the remedies available to the obligee in the event of non-performance?

Rodrigo Momberg is Professor of Private Law at the Faculty of Law of the Catholic University of Valparaíso

Past Talks

  • Vageesh Saxena: CyberCrime-Linker: Analyzing Behavorial Patterns to Link and Identify Vendors in Online Criminal Spaces.
  • Francesco Zappatore (University of Foggia): ‘Private Law, Public Goals: Comparative Reflections on Punitive Damages.
  • Wen-Ting Yang: 

    Data-driven Nudges in Investment Apps ― An Opportunity to Develop a Healthy and Sustainable Financial Environment Amidst the Retail Investment Boom.

  • Benedikt Schmitz (University of Groningen): At the Intersection of Conflicts Law and Consumer Law: 'MS May'-Exceptions in the Light of Article 6 Rome I Regulation.
  • Antoine Louis: People and the Law with Language Models.
  • Eline Couperus: The Role of the Fundamental Freedom to Conduct a Business in a “Social” Europe.
  • Klaas Eller: Urban transnational law: Infrastructure and Social Order in the City. 
    This talk was co-organized with Glaw-Net.
  • Valerio D’Alessandro (University of Rome Tor Vergata): Private Law in the Time of Personalization: Toward a New Imaginary of the Legal Subject?
  • Paweł Hajduk (Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie): “Five years later, or a brief tale of hurdles of the private enforcement of the GDPR”
  • Jie Ouyang (Groningen): ''Embedded consumer': Towards a constitutional reframing of the legal image of consumers''
  • Rachael Walsh: 'Deliberative Property: Managing Complexity in Property Systems'
  • Vanessa Mak: Who is the Consumer? The Transformation of Consumer Law and Policy in the EU in Light of the Twin Challenges of Digitalisation and Sustainability.
  • Eva Vermeulen: ''Dimensions of Inequality and Property Law Design – a capability 
    perspective on Dutch housing''
  • Giovanni Tuzet: This talk is organised in conjunction with the Foundations group.
  • Lorna Fox O'Mahony: The Future of Housing: Resilient Property Theory, Systemic Methodology and Sustainable Solutions
  • Melvin Tjon Akon: Valuing ‘Value for money’: the wins and fails of the product governance approach to regulating consumer credit prices
  • Víðir Smári Petersen: Preventing Cross-Contamination Between Expropriations and Regulatory Excess
  • Mindy Duffourc: Tort Liability for AI-driven Technologies in Surgery
  • Deimante Rimkute: Justifying AI-related Rights and Obligations within the EU:  A Study of European Safety Regulations and Tort Law
  • Aleydis Nissen: Global Value Chain Regulation in the Era of Geopolitics
    Organised by GLawNET
  • Prof. dr. Toshiyuki Kono: GVC as a network and the position of Private International Law
  • Dr. Timothy Dodsworth: The Underlying Values of German and English Contract Law
  • Prof. dr. Bianca Gardella Tedeschi: Elders as Vulnerable Consumers
  • Dr. Rebecca Ravalli: Consumer law and global value chains: Tracing a missing link in EU law
  • Prof. dr. Bram Akkermans and Prof. dr. Lorna Fox O Mahony: Property & Democracy

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