Geert van Calster
This Chapter focuses on private international law issues raised by the variety of ‘modern’ labour market phenomena. The author characterises highly mobile international employees as staff who move to and from jobs with high frequency or who are, because of the international nature of their work, difficult to pin down ‘territorially’. On the other hand, ‘Giggers’ are part of the modern and increasing ‘gig economy’. They use digital platforms to match their skills with the needs of clients on a per task (or gig) basis. The use of ‘casual’ workers in the gig economy, labelled in their contracts at least as service providers rather than employees, poses different private international law challenges than the issues of internationally mobile employees. Using the partially comparable international aviation sector to examine the employment-related issues of the digital nomads, the Chapter discusses how private international law may respond to modern labour phenomena. The author notes that in terms of the existing instruments, the 2019 Judgments Convention may offer a small foothold to address some of the phenomena, including the issue of securing the protection of weaker parties (consumers and employees). The author contends that the HCCH should not sit on the sidelines in this sphere. Clear predictability of jurisdictional and governing law issues, in which there is a lot of merit, does not require harmonisation of underlying law and it is in this very field that the HCCH’s outreach to other international institutions would be much merited and the author notes that the International Labour Organisation could be a clear candidate in this regard.
Geert van Calster
This chapter reviews the approach of the EU to the issues arising when environmental objectives need to be reconciled with trade policies. Many CJEU judgments – which are often technically complex – have supported environmental goals over and above free trade. When discussing the legal possibilities for Member States to introduce unilaterally more stringent environmental measures which have an impact on the internal market, it is important for one to be familiar with Internal Market terminology. Whether an EU measure is ‘exhaustive’, for instance, is an important issue to consider. Furthermore, specific attention is devoted in the chapter to the issue of free movement versus environmental protection in the area of renewable energy policies, in which the Court showed a lenient approach towards justifying national measures restricting trade.