Critical raw materials and the law: confronting legal disruption in the transition to sustainability

Abstract

The European Union’s (EU) sustainability agenda, underlined by the Green Deal, requires a fundamental transition in socio-technical systems. Central to this transition is the phase-out of fossil fuels and the adoption of low-carbon energy production and consumption methods. This shift relies heavily on critical raw materials (CRMs), whose procurement entails complex risks–geopolitical, economic, and environmental–that profoundly shape and challenge the EU’s path toward sustainability. While the clean energy transition aims to enhance sustainability, it often involves difficult choices that may lead to unintended, less sustainable outcomes. This article examines these challenges through the lens of legal disruption, a concept that provides a useful framework for understanding how CRMs, technology-driven as they are, destabilise established legal structures. It argues that CRMs, as essential drivers of sustainability transitions, present intricate challenges that existing legal frameworks are ill-equipped to address comprehensively.