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  • Publication
    Accès libre
    Sustainability, Circular Economy and Consumer Law in Switzerland
    (C. H. Beck, Nomos, Wolters Kluwer (Europa), 2023-04-12)
    Hug, Dario 
    Switzerland, the EU and its Members States have all recognized the 17 United Nations Sustainable Goals. Goal 12 is to ensure sustainable consumption and production patterns. The pursuit of this objective offers new opportunities for analysis and development in contract law, consumer law and in the field of unfair commercial practices. However, although some changes are underway these areas often remain viewed through the traditional lens of protecting the economic interests of consumers as a weaker party zur Fussnote 5, without usually taking environmental considerations into account. In light of the ongoing climate crisis , the need (i) to concretely protect the environment (ii) to put in place environmentally sustainable consumption patterns as well as (iii) to adopt a more circular economy are pressing. To reach these goals, observers note that solutions can no longer be confined to national consumer laws but international cooperation in this area is needed. As a country located in the centre of Europe, the European Green Deal (December 2019), the New Circular Economy Action Plan (March 2020) and further developments based on these initiatives are also of great practical importance for Switzerland. This paper assesses Swiss consumer law from the perspective of environmental sustainability and the circular economy. The objective is to present the general state of the law in this respect, considering important achievements and ongoing developments at the European level. To this end, we first present the Swiss legal framework of consumer protection and consumer contracts, as well as sustainable development and circular economy (II). We then conduct a “sustainability check” of Swiss consumer law (III), before concluding (IV)
  • Publication
    Accès libre
    Contractual Interpretation and Environmental Sustainability
    (KU Leuven, 2022-10-22)
    Hug, Dario 
    The legal debate around environmental sustainability is today on many lips and fingertips. One of the aspects that seems, however, not to have been extensively discussed yet is the function of the process of contractual interpretation as a potential catalyst for the ecological transition. In a nutshell: can – and if yes to what extent – means and rules of contractual interpretation observe general interests related to environmental sustainability? Getting to grips with this issue is by no means easy. The challenges are numerous and already arise from the current conceptions of contract and consumer law. Although there are some exceptions, these areas of law are traditionally designed and applied with eyes to economic efficiency and consideration of a single exchange only, without usually observing the general effects of an agreement on society, nature or third parties. But does this have to be so? And does the current legal and conceptual framework allow a different view?