Abreu Chair in ESG Impact and Director NOVA Green Lab, NOVA School of Law Part-time Professor, European University Institute, Florence School of Regulation Address: Hollandseweg 1 | 6700 EW Wageningen | Netherlands
Alberto do Amaral Jr, Lucila de Almeida, Luciane Klein Vieira (eds), Sustainable Consumption, Springer , 2020
This chapter aims to look forward to a future research agenda for sustainable consumption, law an... more This chapter aims to look forward to a future research agenda for sustainable consumption, law and development by way of conclusion. While it is for the readers to retrieve the lessons addressed by each contribution in this edited book, for us it is compelling to close this journey by looking forward. Therefore, we suggest and seek a future research agenda that aligns the concept of sustainable consumption with the interdisciplinary debate of law and development.
Alberto do Amaral Jr, Lucila de Almeida, Luciane Klein Vieira (eds), Sustainable Consumption, Springer , 2020
This chapter introduces this edited book by shedding light on its normative and conceptual framew... more This chapter introduces this edited book by shedding light on its normative and conceptual framework, as well as its contribution to the field as a collection of interconnected works on how the law does and/or should play a role in influencing patterns of sustainable consumption.
The role of the EU in Transnational Legal Ordering: Standards, Contracts, and Codes, Hans-W. Micklitz and Marta Cantero Gamito (eds), Edward Elgar, 2019
This Chapter advances two claims. First, the EU has enacted a set of rules that affect the privat... more This Chapter advances two claims. First, the EU has enacted a set of rules that affect the private order of organized markets and, in particular, the terms and conditions of standard contracts that daily frame thousands of global trades in exchanges located in the EU energy markets. Second, the EU explanatory justification for enactment of these rules is based on fairness. While EU law has advanced rules that, for example, standardize products offered in trading exchanges and reallocate risks among exchange members for misconduct, trading platform members have agreed upon transposing those rules into the text of standard agreements for trading. The phenomenon of mirroring the rules of EU law in the terms and conditions of standard agreements is what this Chapter calls standardization of standard contracts. The standardization of standard contracts is then described as a twofold process-codification and intrusion.
In Handbook on International Economic Governance and Market Regulation edited by Jean-Michel Glachant, Eric Brousseau, Jérôme Sgard, Oxford University Press (forthcoming 2017), 2017
In 'Energy Law and Economics' edited by Klaus Mathis and Bruce Huber, Springer: Netherlands, 2018
This chapter challenges the use of total welfare as the axiological assumption adopted by economi... more This chapter challenges the use of total welfare as the axiological assumption adopted by economically-informed legal scholarship in the field of electricity. To do so, It departures from the assumption that the efficiency hypotheses can be grounded in two different economic rationales: the traditional one based on total welfare; and an alternative one based on consumer welfare. To challenge the uncritical endorsement of toral welfare, the chapter chooses the competition pillar for the EU internal market for electricity as a case study and shows that it is better explained assuming consumer welfare as its rationale. This proves that the economically-informed legal scholars are wrong in considering total welfare an unquestionable starting point for their research. This will likely be a ‘shocking truth’ for law and economics scholars. The argument is articulated in four steps. The first step builds the methodological foundations. It describes two types of explanatory claims, one external and the other internal to legal discourse, and discusses the superior relevance of the latter to legal practice. The second step lays the analytical framework. It identifies points of divergence between the two efficiency hypotheses, total and consumer welfare, with a focus on electricity markets. The third step reviews the economically-informed legal scholarship and the economic one on the regulation of electricity markets. It shows that scholars endorse total welfare, consumer welfare, and even both. The fourth and final step enters the realm of the EU internal market for electricity and proves that the economic rationale of legal materials and legal discourse is better explained by consumer welfare. This finding supports our alternative efficiency hypothesis based on consumer welfare.
This article provides an overview of cases decided by the Court of Justice of the European Union ... more This article provides an overview of cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of July 2020 and the end of December 2020
This article provides an overview of cases decided by the Court of Justice of the European Union ... more This article provides an overview of cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of January 2021 and the end of May 2021.
This article provides an overview of the most relevant cases decided by the Court of Justice of t... more This article provides an overview of the most relevant cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of July 2022 and the end of December 2022. Out of a total of 265 judgments decided in this period, 57 had a contract law dimension.
This chapter examines the little-known area of the International and Transnational Consumer Law o... more This chapter examines the little-known area of the International and Transnational Consumer Law on sustainable consumption. Sustainable consumption, as such, has not attracted much academic consideration, despite the increasing prominence that environmental awareness and protection plays in international legislative and regulatory efforts. Nonetheless, most of the international efforts fail to effect an actual, direct encouragement of sustainable development. The fatal flaws of these efforts are mainly their non-binding nature and lack of sufficient consensus between the countries to compromise and impose more radical reform. Therefore, international consumer law on sustainable consumption is presently confined to the UN Guidelines on Consumer Protection and its precatory clauses.
The Role of the EU in Transnational Legal Ordering
This book explores questions of transnational private legal theory in the context of the external... more This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes
Research Handbook on the European Union and International Organizations, 2019
This chapter argues that the engagement of the EU with international organizations in the field o... more This chapter argues that the engagement of the EU with international organizations in the field of private law is not confined to the Hague Conference on Private International Law (HCCH) only. Below the radar of international conventions, formalized agreements, and institutions with legal authority, there has been institutional and normative co-operation between EU and international standards setting organizations (SSOs), which resulted in the global reach of EU law in the field of private law. The first part describes the EU’s role in the elaboration of international private law evolving from its enlarged competences under the Treaty and its impact on the relationship with the HCCH. The second part advances the thesis that the EU has moved from competence expansion in highly visible international fora to co-operation in standards bodies though European SSOs. The third and the fourth parts explain institutional co-operation between European and international SSOs in the energy and telecommunications markets
The second post on the topic of February advanced the conceptual framework of European private en... more The second post on the topic of February advanced the conceptual framework of European private energy law outlined in the first post. This third post takes us one more step forward in the discussion, presenting a final set of considerations about the importance of European private energy law, this time in the context of the emerging future of energy regulation in Europe.
Alberto do Amaral Jr, Lucila de Almeida, Luciane Klein Vieira (eds), Sustainable Consumption, Springer , 2020
This chapter aims to look forward to a future research agenda for sustainable consumption, law an... more This chapter aims to look forward to a future research agenda for sustainable consumption, law and development by way of conclusion. While it is for the readers to retrieve the lessons addressed by each contribution in this edited book, for us it is compelling to close this journey by looking forward. Therefore, we suggest and seek a future research agenda that aligns the concept of sustainable consumption with the interdisciplinary debate of law and development.
Alberto do Amaral Jr, Lucila de Almeida, Luciane Klein Vieira (eds), Sustainable Consumption, Springer , 2020
This chapter introduces this edited book by shedding light on its normative and conceptual framew... more This chapter introduces this edited book by shedding light on its normative and conceptual framework, as well as its contribution to the field as a collection of interconnected works on how the law does and/or should play a role in influencing patterns of sustainable consumption.
The role of the EU in Transnational Legal Ordering: Standards, Contracts, and Codes, Hans-W. Micklitz and Marta Cantero Gamito (eds), Edward Elgar, 2019
This Chapter advances two claims. First, the EU has enacted a set of rules that affect the privat... more This Chapter advances two claims. First, the EU has enacted a set of rules that affect the private order of organized markets and, in particular, the terms and conditions of standard contracts that daily frame thousands of global trades in exchanges located in the EU energy markets. Second, the EU explanatory justification for enactment of these rules is based on fairness. While EU law has advanced rules that, for example, standardize products offered in trading exchanges and reallocate risks among exchange members for misconduct, trading platform members have agreed upon transposing those rules into the text of standard agreements for trading. The phenomenon of mirroring the rules of EU law in the terms and conditions of standard agreements is what this Chapter calls standardization of standard contracts. The standardization of standard contracts is then described as a twofold process-codification and intrusion.
In Handbook on International Economic Governance and Market Regulation edited by Jean-Michel Glachant, Eric Brousseau, Jérôme Sgard, Oxford University Press (forthcoming 2017), 2017
In 'Energy Law and Economics' edited by Klaus Mathis and Bruce Huber, Springer: Netherlands, 2018
This chapter challenges the use of total welfare as the axiological assumption adopted by economi... more This chapter challenges the use of total welfare as the axiological assumption adopted by economically-informed legal scholarship in the field of electricity. To do so, It departures from the assumption that the efficiency hypotheses can be grounded in two different economic rationales: the traditional one based on total welfare; and an alternative one based on consumer welfare. To challenge the uncritical endorsement of toral welfare, the chapter chooses the competition pillar for the EU internal market for electricity as a case study and shows that it is better explained assuming consumer welfare as its rationale. This proves that the economically-informed legal scholars are wrong in considering total welfare an unquestionable starting point for their research. This will likely be a ‘shocking truth’ for law and economics scholars. The argument is articulated in four steps. The first step builds the methodological foundations. It describes two types of explanatory claims, one external and the other internal to legal discourse, and discusses the superior relevance of the latter to legal practice. The second step lays the analytical framework. It identifies points of divergence between the two efficiency hypotheses, total and consumer welfare, with a focus on electricity markets. The third step reviews the economically-informed legal scholarship and the economic one on the regulation of electricity markets. It shows that scholars endorse total welfare, consumer welfare, and even both. The fourth and final step enters the realm of the EU internal market for electricity and proves that the economic rationale of legal materials and legal discourse is better explained by consumer welfare. This finding supports our alternative efficiency hypothesis based on consumer welfare.
This article provides an overview of cases decided by the Court of Justice of the European Union ... more This article provides an overview of cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of July 2020 and the end of December 2020
This article provides an overview of cases decided by the Court of Justice of the European Union ... more This article provides an overview of cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of January 2021 and the end of May 2021.
This article provides an overview of the most relevant cases decided by the Court of Justice of t... more This article provides an overview of the most relevant cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of July 2022 and the end of December 2022. Out of a total of 265 judgments decided in this period, 57 had a contract law dimension.
This chapter examines the little-known area of the International and Transnational Consumer Law o... more This chapter examines the little-known area of the International and Transnational Consumer Law on sustainable consumption. Sustainable consumption, as such, has not attracted much academic consideration, despite the increasing prominence that environmental awareness and protection plays in international legislative and regulatory efforts. Nonetheless, most of the international efforts fail to effect an actual, direct encouragement of sustainable development. The fatal flaws of these efforts are mainly their non-binding nature and lack of sufficient consensus between the countries to compromise and impose more radical reform. Therefore, international consumer law on sustainable consumption is presently confined to the UN Guidelines on Consumer Protection and its precatory clauses.
The Role of the EU in Transnational Legal Ordering
This book explores questions of transnational private legal theory in the context of the external... more This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes
Research Handbook on the European Union and International Organizations, 2019
This chapter argues that the engagement of the EU with international organizations in the field o... more This chapter argues that the engagement of the EU with international organizations in the field of private law is not confined to the Hague Conference on Private International Law (HCCH) only. Below the radar of international conventions, formalized agreements, and institutions with legal authority, there has been institutional and normative co-operation between EU and international standards setting organizations (SSOs), which resulted in the global reach of EU law in the field of private law. The first part describes the EU’s role in the elaboration of international private law evolving from its enlarged competences under the Treaty and its impact on the relationship with the HCCH. The second part advances the thesis that the EU has moved from competence expansion in highly visible international fora to co-operation in standards bodies though European SSOs. The third and the fourth parts explain institutional co-operation between European and international SSOs in the energy and telecommunications markets
The second post on the topic of February advanced the conceptual framework of European private en... more The second post on the topic of February advanced the conceptual framework of European private energy law outlined in the first post. This third post takes us one more step forward in the discussion, presenting a final set of considerations about the importance of European private energy law, this time in the context of the emerging future of energy regulation in Europe.
The Oxford Handbook of Institutions of International Economic Governance and Market Regulation, 2021
Opening markets in network industries to competition is challenging. This chapter compares how su... more Opening markets in network industries to competition is challenging. This chapter compares how such challenges have been addressed by the two most remarkable trade liberalization regimes—the internal market project of the European Union (EU) and the trade agreements of the World Trade Organization (WTO). The chapter proposes a threefold framework to narrate the evolution of the EU and the WTO since their foundations—namely, the animating principles underlying the rules of market access, the procedural rules for enforcement, and the harmonization alternative. The results reveal that the different approaches to promoting market access and competition in the network industry find justification in the differences in institutional capabilities. These differences have enabled the EU to adjust its economic governance across time better than the WTO.
This chapter introduces this edited book by shedding light on its normative and conceptual framew... more This chapter introduces this edited book by shedding light on its normative and conceptual framework, as well as its contribution to the field as collection of interconnected works on how the law does and/or should play a role in influencing patterns of sustainable consumption.
<b>Portuguese Abstract:</b> A descoberta de vastas reservas de petróleo na plataforma... more <b>Portuguese Abstract:</b> A descoberta de vastas reservas de petróleo na plataforma continental brasileira, denominada pré-sal, elevará o país a um novo patamar no mercado energético mundial, tornando-o um dos maiores produtores e exportadores desta commodity. Muito embora a exploração de um abundante recurso natural impulsione fortemente o crescimento econômico do país, não se faz a mesma relação causal com o desenvolvimento, evidência ressaltada nas teorias que atentam sobre a maldição do petróleo. Para evitar os possíveis efeitos negativos, os Fundos Soberanos de Riqueza (FSRs) aparecem como a alternativa jurídico-institucional mais adotada por países produtores e exportadores, o que ensejou na edição do Generally Accepted Principles and Practice (GAPP) para regular as boas práticas destes institutos. O Brasil, não diferentemente, propôs a criação do Fundo Social, um FSR que gerirá as receitas públicas advindas das atividades petrolíferas. Nada obstante a opção institucional, a eficácia do Fundo Social depende do arranjo jurídico proposto, o qual deve condizer com as finalidades pretendidas. Neste contexto, o presente artigo pretende elucidar o conceito e as práticas dos FSRs, como também compará-las com o arranjo legal do Fundo Social. <b>English Abstract:</b> The discovery of vast oil reserves on the Brazilian continental offshore called the 'pre-sal', will raise the country to a new level in the world energy market, making it one of the largest producers and exporters of this commodity. Although the exploitation of an abundant natural resource actively boosts the economic growth of the country, the causal relationship with development is not evident. Theories shed light on the risks of the adverse effects known as Dutch disease. To avoid the possible adverse effects, the Sovereign Wealth Funds (SWFs) appear as the legal-institutional alternative most adopted by oil producers and exporters countries. The increase in number and financial capacity of the SWF motivates the publication of the Generally Accepted Principles and Practice (GAPP), which provides guidelines on what should be a good governance for SWFs. The Brazilian Congress, in line with the oil exporters countries, has proposed the creation of the Brazilian Social Fund, an SWF that will manage the public revenues originate from the oil exploration and production. Notwithstanding the varieties of institutional options, the effectiveness of the SWF depends on the most suitable governance, which should be consistent with the intended purposes. In this context, this article compares the public-private governance proposed in the Bill for establishing the Brazilian SWF with the Good Practices of the GAPP.
The &#39;Topic of the Month&#39; in February introduces the unusual and rather underexplo... more The &#39;Topic of the Month&#39; in February introduces the unusual and rather underexplored concept of European private energy law. It will do so in three blog posts over several weeks. This first will explain what European private energy law is, and why it matters, sharpening as it does our understanding of the role of public and private law in market engineering. The second will reconcile the measures of EU energy law with the concepts of private rights, procedures, and remedies. The third will focus on the most recent Clean Energy Package and show how European private energy law will be front and centre of the forthcoming legal framework, even more than it has in the past. This is the first blog post.
This thesis analyses the impact of the European Integration Project on private law. While the imp... more This thesis analyses the impact of the European Integration Project on private law. While the impact of EU law on private law throughout negative integration created European Private Meta-law, and throughout positive integration evolved to European Private law, this thesis claims that EU law has recently moved a step further in regulated markets by creating selfstanding European Private law. Self-standing European Private law is a normative system of rules at supranational level in which its semantically rigid legal norms suggests the intrusion of EU law into the private order of contractual parties with minor divergences within and among national legal systems. This analytical model explains the legal phenomenon of intrusion and substitution, which is different than the phenomenon of divergence, what has so far been the main focus of legal scholars in comparative private law and approaches to Harmonization. To define and identify self-standing European private law, this thesis proposes a systematic understanding of EU law from what H.L.A. Hart conceptualizes as the Internal Point of View. It contextualizes the private law dimension of EU energy law through a discussion of primary and secondary rules and, most importantly, the linguistic framework of analytic philosophy. In so doing, this thesis claims the constitutive element of self-standing European Private law takes shapes when EU law, through governance modes of lawmaking and enforcement at the EU level, creates a set of mandatory rules applied to private relationships, of which the semantic texture of its language leaves minor space for divergent interpretation and implementation by legal official and market actors. To prove the emergence of a self-standing European Private Law, EU energy Law is the blueprint to test the claim. The thesis pursues a socio-legal investigation on how the private law dimension of EU energy law has changed over three decades of market integration and affected two key market transactions in energy markets: transmission service contracts in electricity, and natural gas supply contracts.
A presente dissertação analisará a persistente dinâmica da Petróleo Brasileiro S.A. – Petrobras –... more A presente dissertação analisará a persistente dinâmica da Petróleo Brasileiro S.A. – Petrobras – no arranjo institucional brasileiro. O objetivo é identificar se essa permanência foi acompanhada de mudanças na estrutura macro e microjurídica da empresa estatal que promoveram a sua adaptação às alterações da relação Estado e mercado promovidas por reformas institucionais. O trabalho parte do pressuposto de que, na recente evolução histórica brasileira, quatro correlações de forças promoveram reformas jurídicas que alteraram a relação Estado e mercado em quatro diferentes períodos: (i) da Era Vargas ao governo Juscelino Kubitschek; (ii) do golpe militar ao processo de redemocratização; (iii) do governo Fernando Collor ao término do governo Fernando Henrique Cardoso; e (iv) do início do governo Lula até o momento da elaboração deste trabalho. Para desenvolver esse precedente, o primeiro capítulo analisará o modo e a intensidade da intervenção direta do Estado no setor produtivo para identificar as características da relação Estado e mercado nos períodos. Os capítulos subsequentes se deterão à análise da estrutura da Petrobras na esfera microjurídica – organização societária – e macrojurídica – articulação da empresa estatal com outros agentes públicos e privados – em cada um dos quatro períodos delimitados no capítulo anterior. O segundo capítulo descreverá institucionalmente a Petrobras durante seus primeiros dez anos. O terceiro capítulo identificará as mudanças institucionais promovidas na empresa estatal durante o regime militar. O quarto capítulo disporá sobre as alterações jurídicas na Petrobras promovidas pela Reforma do Estado. Por fim, o quinto capítulo tratará das mais recentes mudanças institucionais da empresa estatal decorrente da descoberta da vasta reserva de petróleo denominada pré-sal.
Proceeding of the 15th EMAN Conference on Environmental and Sustainability Management Accounting, 2012
This paper aims to determine how the compliance with a Transnational Private Regulation (TPR) cou... more This paper aims to determine how the compliance with a Transnational Private Regulation (TPR) could foster system innovations. In order to answer this question, it purports to analyse whether and how the commitment to Bonsucro Standards could affect the Brazilian sugar cane supply chain by creating windows of opportunity for system innovations.
proceeding of the XIX Conference of CONPEDI (National Council of Research and Post-graduation in Law), Florianópolis: Fundação Boiteux, 2010, 2010
A descoberta de vastas reservas de petróleo na plataforma continental brasileira, denominada pré-... more A descoberta de vastas reservas de petróleo na plataforma continental brasileira, denominada pré-sal, elevará o país a um novo patamar no mercado energético mundial, tornando-o um dos maiores produtores e exportadores desta commodity. Muito embora a exploração de um abundante recurso natural impulsione fortemente o crescimento econômico do país, não se faz a mesma relação causal com o desenvolvimento, evidência ressaltada nas teorias que atentam sobre a maldição do petróleo. Para evitar os possíveis efeitos negativos, os Fundos Soberanos de Riqueza (FSRs) aparecem como a alternativa jurídico-institucional mais adotada por países produtores e exportadores, o que ensejou na edição do Generally Accepted Principles and Practice (GAPP) para regular as boas práticas destes institutos. O Brasil, não diferentemente, propôs a criação do Fundo Social, um FSR que gerirá as receitas públicas advindas das atividades petrolíferas. Nada obstante a opção institucional, a eficácia do Fundo Social depende do arranjo jurídico proposto, o qual deve condizer com as finalidades pretendidas. Neste contexto, o presente artigo pretende elucidar o conceito e as práticas dos FSRs, como também compará-las com o arranjo legal do Fundo Social.
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