Concerned by the continuous decline in the quality of life, poverty, environmental degradation, and escalated war and conflicts, the United Nations in 2015 instituted the 17 Sustainable Development Goals (SDGs) and 169 targets. Access to clean, modern, and affordable energy, also known as SDG 7, is one of the goals. Universal access to clean, modern, and affordable electricity is one of the metrics for measuring a good life as it fundamentally affects education, healthcare, food security, job creation, and other socioeconomic indices. To achieve this goal and targets, there has been increased traction in research, development, actionable plans, policies, and other activities by governments, the scientific community, environmentalists, development experts, and other stakeholders in achieving the goal. This review presents the various avenues by which AI and digitization can provide impetus to achieving SDG 7. The global trends in attaining clean electricity, clean cooking fuel, renewable energy, energy efficiency, and international public financial flows between 2005 and 2021 are reviewed while the contribution of AI and digitization towards meeting SDG 7 are highlighted. The study concludes that the deployment of AI and digitization into the energy sector will catalyze the attainment of SDG 7 by 2030, provided ethical issues, regulatory concerns, manpower shortage, and other shortcomings are effectively handled. The study recommends adequate infrastructural upgrades, modernization of data collection, storage, and analysis capabilities, improved awareness and education, professional development, collaborative innovation, and promotion of legal and ethical issues as ways of advancing universal access to energy by 2030. Going forward, more collaborations between academic and research institutions and energy producers will help produce experts and professionals to propel innovative deployment of digital technologies in the energy sector. 

Contributions of Artificial Intelligence and Digitization in Achieving Clean and Affordable Energy

Despite much attention to the controversial lex mercatoria, international commercial arbitration remains underanalysed as a venue for contract law unification. This article considers a specific case of substantive contract law in arbitration, the remedy of suspension of performance: When will one party’s non-performance enable the other party to withhold performance without terminating the contract? In domestic laws, suspension of performance is governed by clearly-defined doctrines; however, it remains unclear whether it constitutes a general principle of international law. This article places suspension in a comparative context, then analyses the published arbitral awards for indications of arbitrators’ preferences.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1509760_code1332011.pdf?abstractid=1509760&mirid=1&type=2

Contract Law in International Commercial Arbitration: The Case of Suspension of Performance

In determining what amounts to an anticipatory breach of contract, English courts have been applying two inconsistent approaches The orthodox approach looks for a manifestation of an intention not to perform the contract, while an approach based on the consequences of the words or conduct in question has also been widely used It is argued that this dichotomy of law has caused considerable problems and cannot continue The intention-based approach is unduly restrictive, uncertain and artificial and should be replaced with a general test formulated on the basis of the consequence-based approach Accordingly, this article proposes a principle of "inferred fundamental breach" as the general test for an anticipatory breach, whether it takes the form of renunciation, disablement or otherwise The principle asserts that an anticipatory breach is constituted where a party's words or conduct lead, or could have led, at the time of the alleged breach, a reasonable person in the position of the other party to draw the inference that a prospective fundamental breach is likely, on the balance of probabilities, to materialise at the time for performance Relying on the fundamental distinction between anticipatory and actual breach, this principle is justified not only by reason but also by authority

https://papers.ssrn.com/sol3/Delivery.cfm?abstractid=1018323

Inferring Future Breach: Towards a Unifying Test of Anticipatory Breach of Contract

The article discusses how proactive contract theory could be used to translate the ambitious objectives of the European Commission's current draft proposal on corporate sustainability due diligence into actual business practices in complex value chains and networks. Proactive contract theory regards contracts as legal, economic, managerial and social artefacts that should be designed to prevent undesirable results and promote favourable outcomes. Moreover, the theory highlights the need for multiprofessional collaboration and user-centricity in contract design. Based on these principles, we introduce four ways to promote corporate sustainability due diligence in supply contracts via proactive contracting: turning from one-sided safeguarding towards shared responsibility and collaboration, incentivizing responsible and sustainable business practices via promotive contract clauses, engaging end users in the contract design process and preventing disputes.

https://journals.sagepub.com/doi/pdf/10.1177/20555636231165901

Proactive contract theory in the context of corporate sustainability due diligence

Many digitalization programmes fail in the implementation phase due to unforeseen obstacles. This study examines the barriers that affect the successful implementation of digitalization using the interpretive structural model and also evaluates the interrelationships among the barriers in the implementation of digitalization. Previous articles in the discipline of digitalization were used in the literature to mainly draw barriers found during the implementation phase of digitalization. Interpretive Structural Modelling results helped to find different levels of barriers and their influence on the system. The high cost of digital technologies and political instability were identified as the leading barriers affecting the successful implementation of digital systems in South Africa. The findings will aid in decision-making for problem-solving to eliminate the most critical barriers to improve the implementation process.

Analysis of Barriers to the Successful Implementation of Digitalization in South Africa Using the Interpretive Structural Modelling Approach

The 2030 Agenda for Sustainable Development builds upon the Millennium Development Goals while at the same time reaffirming the conclusions of the leading instruments in the field of human rights and international law. The 17 integrated and indivisible sustainable development goals (SDGs) require innovation through digitalization and legal activities. Digitalization and new technologies are crucial for SDG 8, 9, and 16. SDG 16: Peace, justice, and strong institutions directly focus on law. While SDG 16 does not directly mention it, digitalization is essential in achieving its specific targets. Examples include concepts of e-government (including data protection and public access to information), e-commerce, equal access to dispute resolution mechanisms in cyberspace, and enforcement of non-discriminatory laws for sustainable development. The right to a healthy and sustainable environment encompasses economic, social, and environmental aspects that SDGs capture. To achieve these goals, the 2030 Agenda relies on international law instruments. The right to a healthy and sustainable environment is developing towards an internationally recognized human right. As environmental goals do not recognize national borders, international law plays a key role. International environmental law should facilitate a broader application of existing clean technologies through the transfer of technology and examine the development of new technologies as to its compatibility with a sustainable environment. Moreover, the human right to share in scientific advancement and enjoy its benefits embodies equal access to technology. The legal enforcement of sustainable goals in the private and governmental sectors remains one of the main concerns of climate change.

https://doi.org/10.1088/1755-1315/1026/1/012061

Digitalization and Innovation in Achieving SDGs – Impacts on Legislation and Practice

Globalisation allows corporate organisations to rise above the national and regional regulatory constraints through global value chains. This is especially due to the fact that national boundaries do not limit the flow of investment capital, labour, goods, or the environmental consequences of such activities. In parallel, the evolution of sustainable development has brought with it social, environmental, and economic activities for the benefit of future generations. The 2030 Agenda reflects the notion of sustainable development with 17 individual goals and 169 targets. While many welcomed such development, enforceability of sustainable development goals (SDGs) remains a challenge, primarily as voluntarism is central to the system of SDGs. In theory, consumers and end-user companies opt for sustainably produced goods to contribute towards sustainable development in their own countries and other countries in global value chains. In the absence of a national or international binding regulatory framework, contract emerged as the most effective solution for enforcing the SDGs in global value chains. This article explores the current challenges in the enforceability of sustainability clauses in global value chains through the lens of sustainable consumption and production patterns and SDG 12. It contributes to the ongoing academic debates and practical considerations through the lens of proactive law theory.

Enforcing Sustainability Clauses in Global Supply Chains with a Focus on Proactive and Relational Contract Theory: Case of SDG 12

The profound economic and social impact of the global COVID-19 pandemic put to the test the resilience of commercial relationships, pushing legal academia and practice to consider questions beyond the mere impact of certain institutes of civil or common law tradition: the role of contract law in supporting the survival of affected trading relationships. The discussion under CISG has focused mostly on the interpretation and application of its provisions – notably Art. 79 – but did not go significantly further than that. This paper aims to contribute to the existing discussion in two ways. First is to bring to the table a discussion around a remedy embedded in Art. 71 (1) and (3) CISG: the right of suspending performance. Second is to put such remedy in the context of proactive contracting, demonstrating the potential for its use in structuring and managing the pandemic (or any other event) going forward. The discussion will, therefore, focus on the current interpretation and application of Art. 71 (1) and (3) CISG and will then move to clarify the ideas behind proactive contracting and the ways in which participants in international sales contracts can use Art. 71 (1) and (3) CISG to address performance and adaptability risks within their relationship.

CISG and Proactive Contracting: Suspending Performance Under Article 71 CISG in the Time of a Global Pandemic

Mucopolysaccharidosis type II or Hunter syndrome is a hereditary, progressive disease that occurs due to the deposition of acidic glucosaminoglycans in lysosomes, due to hereditary deficits of specific degradation enzymes. A two-year-old boy was hospitalized and diagnosed with macrocephaly, hepatomegaly and at the age of four, an iduronate 2-sulfatase (IDS) gene analysis was performed and a mutation on the 3rd exon (c.262C>T, p.R88C) on the X chromosome was determined. Only four years after the diagnosis of Hunter syndrome, the boy begins to receive enzyme therapy - the drug Elaprase. During the period of receiving therapy, the boy's progression of the disease was significantly reduced.

Mucopolysaccharidosis type II (Hunter syndrome) in a boy from the Republic of Serbia: A case report

Social value contracting: Sustainable development goals in international commerce

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