Category Archives: Land use and Environment

Ole Aldag, ‘Due Diligence and Environmental Damages Under Rome II’

ABSTRACT Within the European Union, the Rome II Regulation determines the applicable law on cross-border matters of non-contractual nature. The paper examines the applicable law on environmental-related tort claims against European multi-national companies utilizing production facilities in third countries, either based on active misconduct or on alleged omission of environment-related due diligence. As these types […]

Guillaume Laganière, ‘Local polluters, foreign land and climate change: the myth of the local action rule in Canada’

ABSTRACT This article addresses the jurisdiction of Canadian courts over transboundary pollution. It argues that a tort lawsuit brought by foreign victims of climate change against local greenhouse gas emitters could overcome jurisdictional obstacles, notably the local action rule, and proceed in Canada. The local action rule provides that Canadian courts have no jurisdiction to […]

Beauregard, Carlson, Robinson, Cobb and Patton, ‘Climate justice and rights-based litigation in a post-Paris world’

ABSTRACT In spite of the 2015 Paris Agreement requiring all Parties, irrespective of their development status, to take climate action, the operationalization of climate justice in global climate governance and policy has been fraught. Other avenues, such as litigation, have emerged as a policy tool for seeking redress for past and prospective harm resulting from […]

Carola Glinski, ‘Corporate Social Responsibility and Corporate Liability for Environmental Damage’

ABSTRACT This chapter analyses recent developments in tort law, namely in the English tort of negligence, which point towards increased liability of parent companies for damage caused by their subsidiaries. In particular, it discusses the relevance of CSR and environmental self-regulation and best practices for parent liability; which has been discussed controversially in English case […]

Möslein and Sørensen, ‘Sustainable Corporate Governance: A Way Forward’

ABSTRACT The recently published ‘Study on directors’ corporate governance duties and sustainable’ prepared by Ernst and Young for the European Commission (EY report) has attracted many comments, largely critical. Despite all the justified criticism of the EY report, the potential of company law to make companies more sustainable should not be overlooked. In this article, […]

David Schorr, ‘Nature Versus the Common Law: Nature as a Norm in the Water Law of the British World’

ABSTRACT This article, written for a forthcoming issue of the journal Clio@Thémis on ‘Nature as a Norm’, examines the water law of jurisdictions from across the ‘common law world’ in the nineteenth and early twentieth centuries, a period in which increasingly intensive uses of water and watercourses around the world brought conflicts over water law […]

Guido Ferrarini, ‘Corporate Purpose and Sustainability’

ABSTRACT An increasing number of firms make reference to the pursuit of environmental and social goals in the definition of their purpose. This raises important issues with respect to the way in which the trade-offs between profit maximization and social value are solved. As I show in this chapter, there are different perspectives that can […]

David Howarth, ‘Nuisance, Planning and Human Rights: Throwing Away The Emergency Parachute’

“The idea that forms of legal control should not overlap has a considerable history. In the tort of negligence, for example, judges have long been fond of saying that the duty of care should not extend to situations covered by, for example, contract law, procedural law, financial regulation and human rights. Similar issues arise in […]

‘Damages: the BP Gulf Oil Spill and the Deepwater Horizon Disaster’

“The economic losses suffered in the Gulf Coast region as a result of the massive oil spill in April 2010 were not recoverable under prevailing precedent in both maritime and tort law. They both provided that ‘pure economic loss was not compensable’. ONLY if one suffered property damage or physical injury could he/she recover money. […]

Reza Beheshti, ‘The circular economy and the implied terms of contract in English sales law’

ABSTRACT Purpose: The purpose of this article is to examine the contractual framework for the sale of goods in order to gauge whether the English sales law regime can promote a circular business model. Examination of the contractual framework for the sale of goods to gauge whether the English sales law regime can promote a […]