Category Archives: Land use and Environment

‘Anthropocentrism in European Private Law and the Case of Ben Nevis’

“It is a truth universally acknowledged that a constitutional state in possession of democratic institutions must have been made by humans. Law more generally is a human construction. Law is considered by some to be even problematically anthropocentric, that is, it would be overtly focused at human interests and thereby neglect the interests of animals […]

Donal Nolan, ‘Nuisance and Human Rights’

Abstract The purpose of this chapter is to explore the different aspects of the relationship between the tort of private nuisance and the Human Rights Act 1998 (‘HRA’). The chapter is divided into three main parts. In the first part, I consider the ‘vertical effect’ of the HRA in environmental nuisance cases. In the second […]

Akey and Appel, ‘The Limits of Limited Liability: Evidence from Industrial Pollution’

Abstract We study how parent liability for subsidiary environmental cleanup costs affects industrial pollution and production. Our empirical setting exploits a landmark Supreme Court case that strengthened limited liability protection for parents with subsidiaries located in the jurisdiction of lower courts that previously adopted weaker standards. Using a difference-in-differences framework, we find that increased liability […]

Joanne Blennerhassett, ‘Mass Harm Litigation in Ireland and Multi-Party Actions’

Abstract In recent years there have been a number of cases of mass harm in Ireland, including contaminated blood products, army deafness, asbestos-related ill health, Pyrite damage, the Volkswagen emissions scandal and the recent tracker mortgage rate abuse by banks. It is natural that victims of such mass harm might seek a legal remedy through […]

Weaver and Kysar, ‘Courting Disaster: Climate Change and the Adjudication of Catastrophe’

Abstract Do we court disaster by stretching the bounds of judicial authority to address problems of massive scale and complexity? Or does disaster lie in refusing to engage the jurisgenerative potential of courts in a domain of such vast significance? This Article examines global climate change adjudication to shed light on these questions, focusing particularly […]

David Grinlinton, ‘The Continuing Relevance of Common Law Property Rights and Remedies in Addressing Environmental Challenge’

Abstract Environmental protection and natural resources management is today dominated by legislative measures and administrative procedures. Enforcement and penalty regimes for environmental damage and the management of natural resources are all highly regulated. Nevertheless, there remains the oft-neglected realm of common law rules and procedures available to individuals and public interest groups, and indeed government, […]

Journal of European Tort Law – Tort and Climate Change number

Martin Spitzer and Bernhard Burtscher, Liability for Climate Change: Cases, Challenges and Concepts Philip Sutherland, Obligations to Reduce Emissions: From the Oslo Principles to Enterprises Jaap Spier, The Oslo Principles and the Enterprises Principles: Legal Strategies to Come to Grips with Climate Change Monika Hinteregger, Civil Liability and the Challenges of Climate Change: A Functional […]

Roisin Costello, ‘Reviving Rylands: How the Doctrine Could Be Used to Claim Compensation for Environmental Damages Caused by Fracking’

Abstract Contemporary societies are characterized by complex interdependence, with industrial activity increasingly having the potential to cause effects beyond local and national borders. Courts have previously illustrated that liability for injurious action must lie with the individual who created the risk of damage under the common law rule of Rylands v Fletcher. Having fallen out […]

Kenneth Stahl, ‘The Trespass/Nuisance Divide and the Law of Easements’

Abstract The law of easements is a mess. In one case, a property owner ends up with a landlocked parcel because, although he had a desperate need to traverse his neighbor’s land to access a public road, the necessity did not arise from the severance of a unified parcel. In another, a landowner’s basement frequently […]

Paul Babie, ‘Climate Change is Eco-Slavery: A Climate Future of Australian Property Law’

Abstract This article considers a simple question: why should the law of property change in the face of climate change? This question receives an equally simple answer: climate change is not only metaphorically slavery, it is slavery. We are not only changing the climate; rather, we are using the environment and the climate to enslave […]