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Sustainability Challenges in Construction Contracts as a Regular Issue of International Investments

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  • Andrada-Laura TARMIGAN

    (Doctoral School of Law, Bucharest University of Economic Studies)

Abstract

This paper aims at providing an overview of the current practices, opportunities and problems concerning sustainability in construction contracts, by using literature review and the comparative methods. We will also identify the EU legal provisions and the main types of standard construction contracts that include sustainability provisions (FIDIC, JCT, NEC, G.D. no. 1/2018). The purpose is to determine how parties can use contractual provisions to reduce carbon footprint in their projects and to identify the possible risks and dispute grounds associated with such an approach. The parties can negotiate sustainability provisions and it is recommendable for the contractor to propose certain measures for meeting environmental objectives.The EU‘s new legislative project in this area of expertise, the Corporate Sustainability Reporting Directive, aims to make companies more accountable and transparent about the environmental impact of their business approach. In the end, we will show that considering sustainability will actually create opportunities for investors, companies and society in general and will decrease costs on a medium-long term. There is a growing awareness of the negative financial implications of conducting business “as usual” meaning in a non-sustainable manner

Suggested Citation

  • Andrada-Laura TARMIGAN, 2023. "Sustainability Challenges in Construction Contracts as a Regular Issue of International Investments," International Investment Law Journal, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 3(1), pages 41-48, February.
  • Handle: RePEc:sja:journ1:v:3:y:2023:i:1:p:41-48
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    Keywords

    sustainability; construction; international investments; contracts; due diligence.;
    All these keywords.

    JEL classification:

    • F21 - International Economics - - International Factor Movements and International Business - - - International Investment; Long-Term Capital Movements
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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