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2026 J.L. & Mobility 1 (2026)

handle is hein.journals/jlwmby2026 and id is 1 raw text is: 





           SUSTAINABLE MOBILITY IN

     INTERNATIONAL, EUROPEAN AND

     NATIONAL LAW: A PERSPECTIVE

                       FROM EUROPE


                          LANDO   KIRCHMAIR*


   Cite as: Lando Kirchmair, Sustainable Mobility in International, European and
National Law: A Perspective from Europe, 2026 J. L. MOB. 1.

     This Article develops a European perspective on sustainable mobility, a
     concept still underexamined in legal scholarship, and argues that
     meeting today's mobility needs while preserving ecological foundations
     for future generations will not occur without deliberate regulatory
     intervention. After clarifying the evolution of the core concepts of
     sustainability, mobility, and sustainable mobility, the Article shows how
     international, European, and  Austrian  law  have  progressively
     incorporated sustainability goals in the transport sector. It then proposes
     a taxonomy  of financial incentives-from subsidies and tax breaks to
     behavioral nudges and  evaluates their effectiveness, emphasizing the
     need for flexible, context-specific regulatory instruments. Applying these
     insights to self-driving cars, the Article demonstrates that technological
     innovation alone cannot deliver sustainable mobility and that proactive,
     sustainability-oriented regulation remains essential. The Article
     concludes with  several proposals for reform  aimed  at steering
     technological and behavioral change toward a genuinely sustainable
     mobility system.


Introduction ..........................................................................................2
I. T erm in ology ................................................................................ . 3
       A. Sustainability ........................................................................3
       B. Mobility.................................................................................6
       C. Sustainable Mobility-A   Contradiction?..............................9
II. Sustainable Mobility in International, EU and National Austrian


* Prof. Dr. ir. habil.; Euregio Endowed Chair in Sustainability and Mobility Law,
Department of Legal Theory and Future of Law, Faculty of Law, University of
Innsbruck, Austria. This article is partly based on a lecture given at the Faculty of Law
of the University of Innsbruck on September 11, 2024. The author is grateful to the
audience and, particularly, to Sebastian Ambros, Matt Blaszczyk, Hector Orlando
Candray Medina, Alexandra Klass and  Sebastian Krempelmeier for their helpful
feedback as well as to Konstantin Friese and Ronny Wagner for their research assistance.
Parts of this article have also been published in German. The author can be contacted at
lando.kirchmair(auibk.ac.at.


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