CALLFOR PAPERS
InternationalConference
TOWARDSAN INTERNATIONAL ECOLOGICAL-ECONOMIC LAW?
AnExploration of Contemporary Hybridizations and Linkages
École NormaleSupérieure-Paris Sciences et Lettres (ENS-PSL), Cite Universitaire
Paris(France), 6-7 June 2025
Organized by the École Normale Supérieure-Paris Sciences et Lettres (ENS-PSL), gLAWcal –Global Law Initiatives for Sustainable Development, the ESIL Interest Groupon the European and International Rule of Law, the ESIL Interest Group on International Environmental Law, the ESIL Interest Group on International Economic Law
INTRODUCTION:
Until recently, International Economic Law (IEL) and International Environmental Law (IEnvL) were largely treated as separate domains. The prevailing assumption was that there was no conflict between them, with each supportingthe other, either spontaneously or through purposeful design. It was believed that the pursuit of economic growth and the establishment of a level playing field did not conflict with the goal of preserving a healthy environment or maintainingecological balance
However, it is now undeniable that the way we produce, consume, investand trade — which is shaped by International economic Law — is the main causeof ecological crises, which are structural and not temporary or limited. Thelegal rules that either directly impose or indirectly incentivize thesepractices must be revisited and reformed. This shift is crucial, as States havecommon (but differentiated) responsibilities to prevent and mitigate climatedisruption and face the need to reconcile goals such as a decent life for all withenvironmental sustainability.
Despite the growing cross-references between IEL and IEnvL, this trend often fails to bridge the gap between economic growth orcompetition-driven global economic structures and the need for an economygrounded in environmental sustainability. As a result, while hybridization isoccurring, it remains fragmented, with environmental goals often relegated toan ideal rather than embedded within the operational mechanisms of globaleconomic practices.
However, recent trends like the inclusion of “sustainable development”chapters in trade agreements, and the adoption of carbon border adjustmentmechanisms in the EU indicate a gradual shift toward embedding sustainabilitywithin economic frameworks. The evolving general international law such as the dutyto prevent atmospheric degradation in the 2021 ILC articles on protection ofthe atmosphere push environmental protection measures into other domains. Yet,these examples often lack the binding or enforceable provisions needed to makemeaningful impact on actual economic practices.
To address these challenges, it is essential to examine the legal instruments,provisions, institutions and procedures that have emerged in recent years, alongwith the new proposals being made. These elements should be assessed todetermine how they can effectively support —or at least safeguard—the genuine and reasonable commitments made by companies and States towards amore sustainable and environmentally respectful economy.
CALL FOR PAPERS:
To identify both the shortcomings and dead ends, as well as thepotential avenues for the future, the symposium's organizing committee invitessubmissions that offer a fresh perspective on the following topics:
- Provisions in environmental agreements that highlight the use ofeconomic leverage (e.g., the Paris Agreement’s reference to “making financeflows consistent with a pathway towards low greenhouse gas emissions andclimate-resilient development”),
- Provisions in trade and investment agreements that address thepossibility of regulating the economy for environmental purposes (e.g., theright to regulate, preventing an environmental race to the bottom, etc.), orthat incorporate obligations from environmental agreements (such as thosestemming from the Montreal Protocol in the USMCA or the Trans-PacificPartnership)
- New chapters in “classical” trade and investment treaties (e.g., the “sustainabledevelopment” chapters in mega-regional trade and investment agreements, ortreaty chapters concerning international investment obligations, particularlyin relation to the environment),
- Cross-references between ecological and economic treaties, with afocus on recent approaches to linking normative instruments (e.g., theEU-New Zealand agreement that coordinates the co-implementation of its ownrules and those of the Convention on International Trade in Endangered Speciesof Wild Fauna and Flora (CITES)),
- The ecological benefits of revising or denouncing old agreements ortreaties (e.g., revising the OECD Arrangement on Officially SupportedExport Credits or updating the Energy Charter Treaty to include an Annex onNational Investment (NI), or denouncing agreements such as manybilateral investment treaties or the Energy Charter Treaty, first by Europeanstates and then by the European Union),
- The conclusion of environmental treaties within economicnegotiation forums (e.g., the 2022 treaty on subsidies for illegal,unreported, and unregulated fishing within the WTO framework) or treatiesthat clearly blend economic and ecological issues (e.g., the 2023 UNAgreement on the Conservation and Sustainable Use of Marine BiologicalDiversity of Areas Beyond National Jurisdiction (BBNJ)), or economic,ecological and other issues such as cultural heritage, agriculture,human rights, indigenous rights, health, etc. (e.g. the 2024 WIPO Treaty onIntellectual Property, Genetic Resources and Associated Knowledge or otherinstruments on intellectual property),
- The environmental and economic aspects of general obligations inInternational Law – e.g. sources of international law, expansion of generalprinciples, customary law, etc.
- The environmental and economic aspects of litigation in nationaland international fora – such as the ITLOS advisory opinion, the ICJadvisory opinion, pending, and InterAmerican HR court pending opinions,
- The development of municipal law on the integration of theecological values into economic development and their interface withinternational rules,
- The launch of new hybrid international negotiations (e.g., on environmental goods, trade and environmental sustainability, plastic pollution,etc.) or international negotiations which, among other aspects, have both economic and ecological implications (e.g. the human-animal interface in the framework of the current negotiation of an instrument to strengthen pandemic prevention, preparedness and response),
- New mechanisms for implementing or settling disputes related to sustainable development chapters, with particular focus on provisions addressing disputes handled by systems based on sustainable chapters and those captured by systems based on other chapters of trade and investment agreements,
- Innovative proposals from States on how to link IEL and IEnvL (e.g., the 2020 US proposal on advancing sustainability goals through trade rules to create a level playing field),
- Proposals for revising standard models for economic or environmental agreements (e.g., the OECD “Future of Investment Treaties” initiative, or BIT models proposed by panel of experts within the framework of the International Institute for Sustainable Development),
- The potential for using and generalizing:
The organizers emphasize that presentations should not simply describe the rules and practices examined, but also include an assessment of their effectiveness and appropriateness.
APPLICATIONS
I.ABSTRACT SUBMISSION:
The deadline for abstract submission is February 28,2025. Abstracts may be submitted via e-mail to the following email addresses: florian.couveinhes@ens.psl.eu and paolo.farah@glawal.org.uk
Please include the following information, in separate
Document 1: Anonymized abstract (500-700-word).
Document 2: Authors’information: Name, affiliation and contact details (e-mail and phonenumber).
Title of the abstract.
A short CV, including a listof relevant publications, if applicable.
Whether the author is an ESIL member (being an ESILmember is not a requirement to submit the abstract).
Both senior and junior scholars are invited to participate in the call for papers. Multiple abstracts can be submitted, but only one abstract per author will be accepted. We encourage submissions from scholars of all backgrounds, particularly those from underrepresented groups in international law.
II.BLIND REVIEW AND ACCEPTANCE:
Applications will be Submitted to a process of blind review, and all applicants will be informed of the decision of the selection committee by March 5, 2025.
III.PUBLICATION OPPORTUNITIES: DRAFT SUBMISSION
The conference organizers have publication plans forthe presented papers. The precise nature and format of the publication will bediscussed in more detail during the conference. Among the options alreadyavailable at the time of the call for papers, the organizers envisage topublish a book collection in the Palgrave MacMillan/gLAWcal book series on“Global Issues” or a special issue/symposium in relevant peer-review SSCI or USjournals.
A provisional draft of the paper will be submitted by April1, 2025. The deadline and format of the final drafts will be discussedduring the conference.
REGISTRATION,VENUE, AND DATES
This international conference will take place inperson, on the premises of the École Normale Supérieure-Paris Sciences etLettres (ENS-PSL), France on the 6-7th June 2025.
Registration will be open from April 1st, 2024, at specific Registration Links that will be provided.
Registration fees for Paper Presenters are as follows:
· Non-ESILEarly Career Scholars: €120
We are pleased to offer an optional dinner event onthe 6th June 2025. Kindly note that all participants (paperpresenters, chairs and discussants) are responsible for covering the cost oftheir own dinner (maximum cost: 50 euros).
Conference participants and presenters are encouragedto become ESIL members before the conference and register to benefit from theESIL membership. Panel chairs and discussants are also invited to join ESIL. Theorganizers are actively applying for funding, which may allow to offer freeregistration to a limited number of paper presenters and participants. Prioritywill be given to early career scholars, as well as scholars from low-incomecountries or economies in transition, who request free registration due to alack of financial support from their institutions or other financialconstraints.
If you wish to apply for free registration, pleaseindicate this in your submission and provide a brief explanation of yourcircumstances.
Conference Chairs and Coordinators
Florian Couveinhes Matsumoto, (École Normale Supérieure-ParisSciences et Lettres (ENS-PSL), France) and Paolo Davide Farah (West VirginiaUniversity, John D. Rockefeller IV School of Policy and Politics, USA &gLAWcal – Global Law Initiatives for Sustainable Development, United Kingdom)
Scientific Committee
Daria Boklan (HSE University), Chamu Kuppuswamy(University of Hertfordshire, United Kingdom), Matjaz Nahtigal (University ofLjubljana, Slovenia), Martin Svec (Masaryk University, Brno, Czech Republic andgLAWcal – Global Law Initiatives for Sustainable Development, UK), Till PatrikHolterhus (Leuphana Law School, Lüneburg, Germany), Denise Wohlwend (HarvardLaw School, USA and Kellerhals Carrard, Zurich, Switzertland), Velimir Živković(University of Warwick School of Law, United Kingdom), Patrick Abel (Universityof Passau, Germany and European University Institute, Fiesole, Italy), Carlo DeStefano (Roma Tre University, Italy), José Gustavo Prieto Munoz (GhentUniversity).
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