Category Archives: Land use and Environment

Jonathan Gilligan, ‘Carrots and Sticks in Private Climate Governance’

ABSTRACT When public governance fails to address important environmental threats – such as climate change – private governance by firms, not-for-profits, individuals, and households can produce significant reductions in greenhouse gas emissions. Private governance can take the form of either a carrot or a stick, using incentives or punishments. Shareholder activism as a form of […]

Jill Robbie, ‘Moving Beyond Boundaries in the Pursuit of Sustainable Property Law’

ABSTRACT … In this chapter, I consider the reform of property rights regarding water, otherwise known as private water rights, in the context of sustainability. Reflecting the global trend, there are mounting, urgent, multi-dimensional challenges facing water which threaten this vital resource. In the World Wide Fund for Nature’s Living Planet Report 2018 it was […]

Yael Lifshitz, ‘Private Energy’

ABSTRACT Energy is key to our modern lives. Until recently, energy was generated by centralized utilities. That, however, is changing. Fundamental shifts in the generation and consumption of electricity are underway. In the age of ‘distributed generation’, when you and I can install solar panels on our roof and a battery in our garage, we […]

Joseph Schremmer, ‘Avoidable “Fraccident”: An Argument Against Strict Liability for Hydraulic Fracturing’

ABSTRACT Whether fracking is an abnormally dangerous activity for purposes of strict liability appears to be an issue of first impression. That larger issue primarily turns on a smaller one: whether fracking accidents – or ‘fraccidents’ – are avoidable or unavoidable. To that end, this Comment argues that when practiced with reasonable care and in […]

Lukasz Dominiak, ‘Must Right-Libertarians Embrace Easements by Necessity?’

ABSTRACT The present paper investigates the question of whether right-libertarians must accept easements by necessity. Since easements by necessity limit the property rights of the owner of the servient tenement, they apparently conflict with the libertarian homestead principle, according to which the person who first mixes his labor with the unowned land acquires absolute ownership […]

Michael Blumm, ‘A Dozen Landmark Nuisance Cases and Their Environmental Significance’

ABSTRACT … This paper traces the evolution of nuisance law through examining a dozen landmark cases. It suggests that where it is not federally displaced or preempted by state statutes, nuisance law remains a viable cause of action for injured landowners, particularly where the issue is left to juries. Given the hostility of the Supreme […]

Curran and Santos, ‘Underwater Coase: Can Diving Save the Coral Reefs?’

ABSTRACT The absence of well-defined property rights in an ocean setting can lead to the over-exploitation of its resources. This paper examines one case, the Gili Islands, in Indonesia, where the weak enforcement of legally defined State rights led to the formalisation of local rules that protect coral reefs through a process of bargaining between […]

Charity Emelie, ‘Exploring Alternative Compensation Strategy for Victims of Oil Spillage’

ABSTRACT The cases of Amos v Shell BP Nigeria Limited and Dumez Nigeria Limited v Ogboli show that most times, the victims of oil pollution go home without any remedy. Also, where negotiations are carried out between the oil Companies and the victims of oil pollution, the victims go home with peanuts to nurse their […]

Chris Hilson, ‘Sensitivity in the law of nuisance: Should people in glass houses expect voyeurs? Fearn v Tate Gallery [2019] EWHC 246 (Ch)’

ABSTRACT The case Fearn v Tate Gallery involved claims brought by luxury London flat owners for breach of privacy in relation to the Tate Modern’s nearby viewing platform. One of the key issues in the case, heard by Mann J in the High Court, was whether the floor-to-ceiling glass windows of the flats – through […]

‘The Dutch climate case Urgenda on the agenda of the 18th Annual Conference on European Tort Law’

“Each year in the week after Easter the most significant developments of the past year in the field of tort law in Europe are discussed at the Annual Conference on European Tort Law, organized by the European Centre of Tort and Insurance Law (ECTIL) and the Institute for European Tort Law (ETL). This conference welcomes […]