EU Sustainability Legislation and International Supply Chains

This book provides an in-depth analysis of the Corporate Sustainability Due Diligence Directive (CSDDD) – including the European Commission’s Omnibus Directive Proposal – focusing on civil liability, enforcement issues, climate-related transition plans and directors’ liabilities. It also discusses other ESG-related legislation and stock exchange rules in the EU, the United States and China.

Using case studies involving multinationals such as Shell, RWE, Borealis, BMW, VW and L’Oréal, the book demonstrates the increasing negative impact of ESG-related issues on a company’s reputation and finances. Showing that international commercial arbitration is the ideal means for the resolution of ESG/climate/CSDDD-related disputes between multiple parties, the book compares the arbitration rules of eleven leading arbitration institutions in terms of consolidations and joinders. It proposes an incentive mechanism for the contractual cascading of climate-related targets and ESG-related arbitration rules. It also features more than 20 contractual template clauses aimed at (i) implementing the CSDDD throughout international supply chains, (ii) reducing product/service-related GHG emissions (including Scope 3 emissions) year-on-year to achieve net-zero across entire value chains, and (iii) facilitating consolidations and joinders in ESG-related multi-party arbitrations.

The book is directed at legal practitioners, legislators of various jurisdictions, board members of companies, academics, researchers and students.

1

I highly commend this book which is one of its kind in the ESG domain. By offering a detailed exploration of ESG-related legislation and its transformative implications for global business practices, the author navigates the reader through the intricate regulatory landscapes of the European Union, the United States, and China. The discussion is masterfully combined with practical case studies and solutions such as contractual cascading and climate clauses for achieving net-zero targets. The author's expert insights and innovative proposals for aligning corporate strategies with evolving sustainability standards make it an indispensable resource for legal professionals, policymakers, and corporate leaders navigating the complexities of ESG compliance and climate accountability.

Associate Professor of Law (Practice) Darius Chan

Singapore International Dispute Resolution Academy, Singapore Management University Yong Pung How School of Law

2

Next to a very good ESG-legislation overview in US and China, this book is a vital reading, in a sense of necessary for survival, for a practitioner, who has to run a company whose part of a CSDDD-covered company’s upstream or downstream business operation, is either routed in or simply selling in Europe.

Prof. Dr. Peter was the first professional who managed the most comprehensive dismantling and disarming of the CSDDD, something what I initially called: “EU has created ‘a Monster we can’t feed’ or ‘a ticking time-bomb".

He not only offers a clear interpretation of the consequences for non-compliance, but also offers solutions for the macro-economic and micro-economic implications and ramifications, necessary to see this legislation not only as a potential, huge cost-driver, but also as the necessary change in mindset and standard of operations of modern leaders - a must-read!

Dr. Bernd Pichler

Managing Director Greater China

Aston Martin Lagonda Limited

3

A much required guidance for the practitioner through the jungle of ESG-related legislation and its practical impact, as well as an extremely useful treasure-trove for the academic. This book will set the international standard up and down the supply chain!

RA Prof. Dr. Stephan Wilske

Partner

Gleiss Lutz Attorneys-at-Law

Stuttgart, Germany

4

The legislation of EU sustainability due diligence is vast enough for anyone to get lost among its provisions. This book not only pulls together all relevant directives and regulations to paint the bigger picture but offers clear examples. Its focus on practical implementation make it a valuable guide for anyone looking to draft terms and dispute resolution clauses that hold up to the regulatory requirements.

Prof. Dr. Dr. Markus P. Beham

Chair of Public International Law

European University Viadrina Frankfurt (Oder)

Adolf Peter, LL.M., MA, CSE is Professor at the Shanghai University of Political Science and Law (SHUPL), Consultant at the international law firm Fieldfisher and Co-Chair of the Legal & Compliance Committee of the British Chamber of Commerce Shanghai focusing on international commercial arbitration, the enforcement of ESG standards/legislations in international supply chains and EU law. A selection panel established by the European Commission found Dr. Peter suitable for appointment for the position of Arbitrator and Trade and Sustainable Development Expert in bilateral disputes under the EU’s trade agreements with third countries. He holds two PhD and two master degrees in Law and Religious Science as well as a master degree in Applied (Business) Ethics and an LL.M. degree in South East European Law and European Integration (Karl-Franzens University of Graz, Austria)]

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