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 supporting the 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 maintaining ecological balance.

However, it is now undeniable that the way we produce, consume, invest and trade — which is shaped by International economic Law — is the main cause of ecological crises, which are structural and not temporary or limited. The legal rules that either directly impose or indirectly incentivize these practices must be revisited and reformed. This shift is crucial, as States have common (but differentiated) responsibilities to prevent and mitigate climate disruption and face the need to reconcile goals such as a decent life for all with environmental sustainability.

Despite the growing cross-references between IEL and IEnvL, this trend often fails to bridge the gap between economic growth or competition-driven global economic structures and the need for an economy grounded in environmental sustainability. As a result, while hybridization is occurring, it remains fragmented, with environmental goals often relegated to an ideal rather than embedded within the operational mechanisms of global economic practices.

However, recent trends like the inclusion of “sustainable development” chapters in trade agreements, and the adoption of carbon border adjustment mechanisms in the EU indicate a gradual shift toward embedding sustainability within economic frameworks. The evolving general international law such as the duty to prevent atmospheric degradation in the 2021 ILC articles on protection of the atmosphere push environmental protection measures into other domains. Yet, these examples often lack the binding or enforceable provisions needed to make meaningful 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, along with the new proposals being made. These elements should be assessed to determine how they can effectively support —or at least safeguard— the genuine and reasonable commitments made by companies and States towards a more sustainable and environmentally respectful economy.

CALL FOR PAPERS

To identify both the shortcomings and dead ends, as well as the potential avenues for the future, the symposium's organizing committee invites submissions that offer a fresh perspective on the following topics:

• Provisions in environmental agreements that highlight the use of economic leverage (e.g., the Paris Agreement's reference to “making finance flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development”),
• Provisions in trade and investment agreements that address the possibility of regulating the economy for environmental purposes (e.g., the right to regulate, preventing an environmental race to the bottom, etc.), or that incorporate obligations from environmental agreements (such as those stemming from the Montreal Protocol in the USMCA or the Trans-Pacific Partnership)
• New chapters in “classical” trade and investment treaties (e.g., the “sustainable development” chapters in mega-regional trade and investment agreements, or treaty chapters concerning international investment obligations, particularly in relation to the environment),
• Cross-references between ecological and economic treaties, with a focus on recent approaches to linking normative instruments (e.g., the EU-New Zealand agreement that coordinates the co-implementation of its own rules and those of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)),
• The ecological benefits of revising or denouncing old agreements or treaties (e.g., revising the OECD Arrangement on Officially Supported Export Credits or updating the Energy Charter Treaty to include an Annex on National Investment (NI), or denouncing agreements such as many bilateral investment treaties or the Energy Charter Treaty, first by European states and then by the European Union),
• The conclusion of environmental treaties within economic negotiation forums (e.g., the 2022 treaty on subsidies for illegal, unreported, and unregulated fishing within the WTO framework) or treaties that clearly blend economic and ecological issues (e.g., the 2023 UN Agreement on the Conservation and Sustainable Use of Marine Biological Diversity 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 on Intellectual Property, Genetic Resources and Associated Knowledge or other instruments on intellectual property),
• The environmental and economic aspects of general obligations in International Law – e.g. sources of international law, expansion of general principles, customary law, etc.
• The environmental and economic aspects of litigation in national and international fora – such as the ITLOS advisory opinion, the ICJ advisory opinion, pending, and InterAmerican HR court pending opinions,
• The development of municipal law on the integration of the ecological values into economic development and their interface with international 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:
  • Traditional techniques, such as the creation of compliance standards,
  • Principles that are already in force but may not be fully exploited, such as the (rebuttable) presumption of conformity with WTO law for domestic measures based on international standards,
  • Harmonization instruments used in other fields (e.g., the revision of multiple bilateral treaties through a multilateral convention).

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 all the following email addresses: florian.couveinhes@ens.psl.eu, paolo.farah@glawal.org.uk and research@glawcal.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 phone number).

Title of the abstract.

A short CV, including a list of relevant publications, if applicable.

Whether the author is an ESIL member (being an ESIL member 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 for the presented papers. The precise nature and format of the publication will be discussed in more detail during the conference. Among the options already available at the time of the call for papers, the organizers envisage to publish a book collection in the Palgrave MacMillan/gLAWcal book series on “Global Issues” or a special issue/symposium in relevant peer-review SSCI or US journals. Participants are required to submit a provisional draft of the paper by May 15, 2025. The deadline and format of the final drafts will be discussed during the conference.

REGISTRATION, VENUE, AND DATES

This international conference will take place in person, on the premises of the Ecole Normale Supérieure-Paris Sciences et Lettres (ENS-PSL), France on the 6-7th June 2025. Registration will be open from April 1st, 2025, at specific Registration Links that will be provided.

Registration fees for Paper Presenters are as follows:

ESIL Members: €120

ESIL Early Career Scholars: €70

Non-ESIL Members: €170

Non-ESIL Early Career Scholars: €120

We are pleased to offer an optional dinner event on the 6th June 2025. Kindly note that all participants (paper presenters, chairs and discussants) are responsible for covering the cost of their own dinner (maximum cost: 50 euros).

Conference participants and presenters are encouraged to become ESIL members before the conference and register to benefit from the ESIL membership. Panel chairs and discussants are also invited to join ESIL. The organizers are actively applying for funding, which may allow to offer free registration to a limited number of paper presenters and participants. Priority will be given to early career scholars, as well as scholars from low-income countries or economies in transition, who request free registration due to a lack of financial support from their institutions or other financial constraints. If you wish to apply for free registration, please indicate this in your submission and provide a brief explanation of your circumstances.

CONFERENCE CHAIRS AND COORDINATORS

Florian Couveinhes Matsumoto, (Ecole Normale Supérieure-Paris Sciences et Lettres (ENS-PSL), France) and Paolo Davide Farah (West Virginia University, 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 of Ljubljana, Slovenia), Martin Svec (Masaryk University, Brno, Czech Republic and gLAWcal – Global Law Initiatives for Sustainable Development, UK), Till Patrik Holterhus (Leuphana Law School, Lüneburg, Germany), Denise Wohlwend (Harvard Law School, USA and Kellerhals Carrard, Zurich, Switzertland), Velimir Živković (University of Warwick School of Law, United Kingdom), Patrick Abel (University of Passau, Germany and European University Institute, Fiesole, Italy), Carlo De Stefano (Roma Tre University, Italy), José Gustavo Prieto Munoz (Ghent University).

CO-ORGANIZERS

This conference is organized as a European Society of International Law (ESIL)-supported event by the Ecole Normale Supérieure-Paris Sciences et Lettres (ENS-PSL), Centre de Théorie et Analyse du Droit, gLAWcal – Global Law Initiatives for Sustainable Development, the ESIL Interest Group on the European and International Rule of Law, the ESIL Interest Group on International Environmental Law, the ESIL Interest Group on International Economic Law.