Category Archives: Land use and Environment

MA Loth, ‘The Civil Judge As Risk Regulator’

Abstract Taking the Urgenda-case on climate change liability as an example, this article researches the more general question into the legitimacy of risk regulation by civil courts. Which principles determine the legitimacy of a civil court’s participation, especially in the domain of societal risk regulation? The central claim is that these principles concern (amongst many […]

Hein and Ceco, ‘Mineral Royalties: Historical Uses and Justifications’

Abstract Governments and private landowners have collected royalties on mineral resources for centuries. When comprehensive measures to account for the environmental externalities of mineral extraction are politically or practically unavailable, federal and state governments may consider adjusting royalty rates as an expedient way to account for these externalities and benefit society. One key policy question […]

‘Sustainability and private law? Let’s do it together – crowdsourcing ideas and materials’

“The biggest challenge of the 21st century is undoubtedly the question of how to tackle the effects of a rising population, expanding industrialisation and growing environmental degradation. Apart from an ever complex world, there are externalities that are the result of the way humankind has been treating its planet in the last centuries. The rules […]

Call for papers: Climate Change Conference at Newcastle, New South Wales, 5-6 July 2018

“The University of Newcastle, the Griffith Climate Change Response Program and the School of Law and Justice, Southern Cross University invite you to submit abstracts for the Narratives of Climate Change Symposium …” (more)

Sunstein and Reisch, ‘Greener by Default’

Abstract Careful attention to choice architecture promises to open up new possibilities for reducing greenhouse gas emissions – possibilities that go well beyond, and that may supplement or complement, the standard tools of economic incentives, mandates, and bans. How, for example, do consumers choose between climate-friendly products or services and alternatives that are potentially damaging […]

‘Uncovering Through Discovery’

Roy Shapira and Luigi Zingales, Is Pollution Value-Maximizing? The DuPont Case, NBER Working Paper No 23866 (2017). Courts, practitioners, and scholars have recently focused on discovery costs in civil litigation. This produced recent amendments to the Federal Rules of Civil Procedure emphasizing that discovery requests be ‘proportional’ rather than excessive. But this focus has ignored […]

‘Water rights VI: A human right to water’

“Alongside interest in public rights that trump the regular water rights of property law, there is much interest in private, human rights that do so. Many systems of water law have long recognized some right to basic water uses superior to other water rights. Islamic law’s ‘right of thirst’, the right to take water to […]

Bill Atkin, ‘The Tort of Nuisance: “Trucking On”’

Abstract This piece was written for a festschrift in honour of the career of eminent legal scholar Professor John Smillie, one of whose specialties was tort law. Its focus is the law of nuisance and draws on high-level case law in Canada, England and New Zealand. It examines several crucial questions such as the awkward […]

Baffi and Nardi, ‘Dangerous Activities: A Law and Economics Perspective’

Abstract This work seeks to identify, in light of the main schools of thought within the field of Law and Economics, some useful criteria for optimal discipline of dangerous activities. From that perspective we examine potential solutions described by Shavell, Landes and Posner, by Dari-Mattiacci and Parisi. These solutions are likely to induce everyone within […]

Donal Nolan, ‘Nuisance, Planning and Regulation: The Limits of Statutory Authority’

Abstract In this chapter, I examine the defence of statutory authority in the law of private nuisance. I argue that if we let our guard down, the de facto extension of the defence could put at risk the continued vitality of private nuisance as a cause of action. Recent developments in the law of private […]