Category Archives: Land use and Environment

Slaev and Daskalova, ‘Complex property rights and Coasean bargaining in natural resource management’

ABSTRACT This paper contributes to the debate on whether private or common property rights are better for advancing the sustainable management of natural resources. This contest between public and private ownership is often exaggerated, we claim, because in the real world, complex entitlements with varying degrees of privateness/publicness prevail. Property rights belonging to families, companies, […]

Jamshidi, Pournoori and Poorhashemi, ‘Distinguishing Between Civil Liability and Environmental Damage Liability’

ABSTRACT The increase of community awareness about the effective and favourite role of the environment in humans’ social life and the threats resulting from unsustainable development, endangering the domain of human life has necessitated environment protection as one of the main concerns of human society in the last decades. This fact requires a new and […]

John Nockleby, ‘When Losses Are Too Big: Evaluating the Economic Loss Doctrine in California’

ABSTRACT The pure economic loss doctrine is a rule developed by common law courts to shield a defendant from exposure to negligence suits where a party has not suffered physical injury or property damage, and the only losses someone suffers are economic in nature – such as lost profits or wages. Most recently, the California […]

‘Torts in the Restatement (Fourth) of Property’

“Henry Smith is the Reporter for the Restatement (Fourth) of Property; he is joined by John Goldberg as an Associate Reporter in charge of the property torts. This 30-minute video covers basics of Tentative Draft No. 1, which would have been before the members at the ALI’s Annual Meeting this month. John addresses trespass to […]

Kim Bouwer, ‘Lessons from a Distorted Metaphor: The Holy Grail of Climate Litigation’

ABSTRACT This article examines the complex risks, costs and rewards of large-scale private law climate litigation – the climate litigation ‘holy grail’. It argues that while these cases undoubtedly have heroic aspects, their impacts can be complex or difficult to understand. It uses overlapping theories of metaphor and narrative in law, and theories of private […]

Varvastian and Kalunga, ‘Transnational Corporate Liability for Environmental Damage and Climate Change: Reassessing Access to Justice after Vedanta v Lungowe

ABSTRACT On 10 April 2019 the Supreme Court of the United Kingdom delivered judgment in the case of Vedanta v Lungowe, which concerned the liability of an English company for environmental damage caused by its subsidiary in Zambia. The decision confirms that English parent companies can owe a duty of care to foreign claimants affected […]

Babie, Leadbeter and Nikias, ‘Federalism Fails Water: A Tale of Two Nations, Two States, and Two Rivers’

ABSTRACT This article considers the deployment of public power over the water resource. Federalism, like property, fragments control by dividing and separating power. While fragmentation might work to some extent for relatively discrete aspects of public power, such as those with respect to going to war, entering treaties, issuing money, and raising and maintaining armed […]

Blumm and Schwartz, ‘The Public Trust Doctrine Fifty Years after Sax and Some Thoughts on its Future’

ABSTRACT The public trust doctrine was resurrected by Professor Joe Sax in a famous article a half-century ago. Sax explored the doctrine’s history and maintained that it had contemporary significance at the time of the dawn of the modern environmental movement in 1970. Sax thought that the historic use of the doctrine to prevent monopoly […]

John Dernbach, ‘The Role of Trust Law Principles in Defining Public Trust Duties for Natural Resources’

ABSTRACT … This Article’s four-step methodology begins with an inquiry into the terms and purpose of the public trust, which in this case is Section 27’s command to the Commonwealth to ‘conserve and maintain’ public natural resources. It then asks whether the terms and purpose of the public trust answer the question. While PEDF II’s […]

John Lovett, ‘Yaëll Emerich, Conceptualising Property Law: Integrating Common Law and Civil Law Traditions

Conceptualising Property Law: Integrating Common Law and Civil Law Traditions, by Yaëll Emerich, Elgar, 2018, ISBN 978-1-78811-183-6, 352 pp, £22/$31. In her newly published book, Conceptualising Property Law: Integrating Common Law and Civil Law Traditions, Yaëll Emerich explores the evolution and current status of property law in the civil and common law. The predominant theme […]