Category Archives: Land use and Environment

Mark Lunney, ‘Innovation in the shadows of deference: Urban environment and the law of tort in Australia, 1901-1945’

ABSTRACT Australian private law in the first half of the twentieth century has generally been portrayed as lacking innovation, its main characteristic being fidelity to rules of English law. Although this view is largely accurate, detailed granular studies of Australian case law and legislative developments of the period reveal a more complex picture than the […]

E Lees, ‘Property In The Anthropocene’

ABSTRACT Intergenerational justice, community interests, and environmental protection are all goals sought through the imposition of the duties of stewardship onto owners of land. But such duties, when imposed by law, require justification beyond the morality of maintaining and preserving land in a good condition for its present and future use. The potential for sanction […]

Clark, Emmanouil, Page and Pelizzon, ‘Can You Hear the Rivers Sing? Legal Personhood, Ontology, and the Nitty-Gritty of Governance’

ABSTRACT … Drawing on comparative case studies from Ecuador, Colombia, India, New Zealand, the United States, and Australia, this Article explores the deep and often murky bond of the river and us. This relational, ancient, and ultimately environmentally urgent bond forms the prism through which the rich story of legal personhood, ontological change, and the […]

Faure and Peeters, ‘Liability and climate change’

ABSTRACT In view of the need to curb greenhouse gases, the question arises as to the functions of liability in providing effective incentives for emitters in order to change their behavior. Liability for emitting greenhouse gases exists (or can exist) in the area of public law and private law and can be subdivided into international, […]

Just Published: Modern Studies in Property Law, Volume 10 edited by McFarlane and Agnew

This book contains a collection of papers presented at the Twelfth Biennial Modern Studies in Property Law Conference held at University College London in April 2018. The conference and its published proceedings are an established forum for property lawyers from around the world to showcase the latest research. This collection includes a keynote address by […]

‘UK Supreme Court Judgment in Vedanta

“Thank you to Veerle Van den Eeckhout for the tip-off. On 10 April 10 2019, the UK Supreme Court handed down its much anticipated judgment in the ‘Vedanta’ case. The judgment is currently raising many comments and discussions on Corporate Social Responsibility …” (more) [Thalia Kruger, Conflict of Laws .net, 20 April]

‘Yet another farming/proprietary estoppel case …’

“Once again, farming and family squabbles are to the fore in a recent proprietary estoppel case: just out (dropped?) on BAILII – Guest v Guest [2019] EWHC 869 (Ch). The case was heard in Bristol by HH Judge Russen. Spoiler – the claimant was found to have made out his case …” (more) [Bracton’s Sister, […]

Dana and Wiseman, ‘Fracking as a Test of the Demsetz Property Rights Thesis’

ABSTRACT Since its introduction in 1967, the account of property rights formation by Harold Demsetz has pervaded the legal and economic literature. Demsetz theorized that as a once-abundant, commonly-shared resource becomes more valuable and sought-after, users will move to more clearly define property rights in the resource. Despite the high transaction costs of this approach, […]

Shai Stern, ‘Imperfect Takings’

ABSTRACT Three concerns are inherent to the power of eminent domain – when a government forcibly takes away private property to provide a social good: abuse of this power, unfair distribution of burdens among members of society, and inefficient implementation of the government project. To protect against these undesirable outcomes, expropriation laws in most Western […]

Call for Expressions of Interest: Modern Studies in Property Law Conference, Northumbria University, 15-17 April 2020

The 2020 conference will follow the pattern of previous Modern Studies in Property Law conferences with a mix of plenary, discussion and panel sessions, and will also incorporate the social and human side of property law through the consideration of emerging technologies and the involvement of spokespersons and presentations from social housing schemes, shared equity […]