Category Archives: Land use and Environment

Carol Rose, ‘Foreword: Property From the Outside In’

ABSTRACT This foreword to the new Routledge Handbook of Property, Law, and Society (edited by Nicole Graham, Margaret Davies, and Lee Godden Margaret Davies, 2022) argues for the ‘outside in’ perspective on property claims. That is, it highlights the role of non-owners within property communities, who must respect the claims of others for a property […]

Jha and Gupta, ‘Climate Change, Emissions Liability, and Multinational Corporations: Notes from Friends of the Earth v Royal Dutch Shell

ABSTRACT The recent decision of the Hague District Court in Friends of the Earth et al v Royal Dutch Shell (‘Friends of the Earth’) marks the first instance where a duty was cast on a corporation to reduce its carbon emissions. This decision is thus significant in the efforts to create a regime of corporate […]

Shaojun Zhang, ‘Do Investors Care about Carbon Risk? A Global Perspective’

ABSTRACT Companies face significant carbon-transition risk as the global economy works to combat climate change. This paper studies the market-based premium associated with the carbon-transition risk in 89 countries from 2010 to 2021 and finds that firms with more carbon-intense business models earn significantly higher future returns. The carbon premium cannot be explained by unexpected […]

‘The Remit of Responsibility for a Tree Falling on to a Public Highway’

“There was no doubting that it was a ‘cruel combination of circumstances’ when a cherry tree that had been growing on land immediately adjacent to a dual carriageway, suddenly fell directly onto Mr Hoyle’s car the exact moment he was driving past. Mr Hoyle sadly died at the scene. A claim under the Fatal Accidents […]

Catherine Sharkey, ‘Common Law Tort as a Transitional Regulatory Regime: A New Perspective on Climate Change Litigation’

ABSTRACT This book chapter explores how common law (state or federal) tort law evolves to fill regulatory voids. Particularly in areas that pose emerging, and incompletely understood, health and safety risks, common law tort liability holds out the potential for a dynamic regulatory response, one that creates incentives to develop additional information about potential risks […]

Saw and Yoong, ‘Whither Privacy Protection in the Law of Nuisance’

ABSTRACT Privacy-related concerns often feature in disputes involving the tort of private nuisance. Despite the growing importance ascribed to the protection of an individual’s privacy in the modern world, English law has tended to shy away from allowing such concerns to influence the thinking behind the more traditional areas of law (like nuisance). This article […]

‘A Q&A on the European Commission’s Proposed Corporate Sustainability Due Diligence Directive’

“In February 2022, the European Commission released its long-awaited proposed Directive on Corporate Sustainability Due Diligence, the core of which would require mandatory human rights and environmental due diligence. In this blog we provide an overview of certain aspects of the proposed Directive. This blog is excerpted from a substantially more-detailed summary of the Directive […]

Benoit Mayer, ‘The Duty of Care of Fossil-Fuel Producers for Climate Change Mitigation: Milieudefensie v Royal Dutch Shell, District Court of The Hague (The Netherlands)’

ABSTRACT On 26 May 2021, the District Court of The Hague (The Netherlands) passed an innovative judgment in Milieudefensie v Royal Dutch Shell. The Court interpreted Shell’s duty of care towards the inhabitants of the Netherlands as requiring it to mitigate climate change by reducing the carbon dioxide emissions resulting from its global operations by […]

Alterman and Pellach, ‘Beach Access, Property Rights, and Social-Distributive Questions: A Cross-National Legal Perspective of Fifteen Countries’

ABSTRACT The right to access and enjoy the coastal zone, and especially the beach, is a centuries-old legal tenet in many countries and a key part of Integrated Coastal Zone Management. However, the legal right for coastal access takes on different forms and degrees in different countries (or states). In this paper we argue that […]

Vandenbergh and Moore, ‘Governance by Contract: The Growth of Environmental Supply Chain Contracting’

ABSTRACT Corporate net zero climate commitments and environmental, social and governance (ESG) policies have the potential to bypass barriers to international, national, and subnational government action on climate change and other environmental issues. But these ESG developments also raise concerns about greenwashing. This Article evaluates a particularly pernicious form of greenwashing, which could occur if […]