Category Archives: Land use and Environment
Sayed Md Shafayat, ‘Environmental Tort Regime Under the Environment Court Act 2010 in Bangladesh: A Critical Review’
ABSTRACT The environmental tort regime in Bangladesh, as outlined by the Environment Court Act 2010, plays a vital role in holding polluters accountable for the harm they cause to both the environment and individuals. Despite the Act’s commitment to addressing environmental issues, a significant gap remains in the provision of effective redress mechanisms, resulting in […]
Iain Field, ‘Uncommon And Unordinary: An Australian Perspective on the Fearn Decision’
ABSTRACT The decision of the United Kingdom Supreme Court in Fearn v Board of Trustees of The Tate Gallery is significant for various reasons. Of particular concern for some is the Court’s unanimous agreement that ‘intense visual intrusion into someone’s domestic property is capable of amounting to a [private] nuisance’. But the judgment is also […]
Paula Giliker, ‘Protecting Privacy through the Tort of Private Nuisance: Fearn v Tate Gallery in the UK Supreme Court’
ABSTRACT This article examines the UK Supreme Court’s decision in Tate Gallery from the perspective of privacy protection. It asks the question: why did the Supreme Court deal with the case as one of private nuisance when the Court of Appeal determined the real issue to be invasion of privacy? In tracing the case from […]
Annalisa Savaresi, ‘Verein KlimaSeniorinnen Schweiz and Others v Switzerland: Making Climate Litigation History’
ABSTRACT This case note examines the landmark judgment issued by the European Court of Human Rights regarding the complaint brought by the NGO Verein KlimaSeniorinnen Schweiz and four individual applicants against Switzerland. It explores the groundbreaking nature of this judgement and its broader implications for climate change litigation at the national, regional, and international levels. […]
Silvie Rohr, ‘Corporate Purpose: A Management Concept and the Role of Contract Design’
ABSTRACT In light of systemic crises such as global warming and human rights violations in business operations, the call for reevaluating corporate conduct has become more pressing than ever. As these challenges intensify, a growing consensus advocates for a shift away from shareholder profit maximization towards a more holistic stakeholder governance model. Yet, the question […]
Edward Page, ‘Benefiting at the Expense of Climate Change’
ABSTRACT This paper discusses the problem of what to do, if anything, about the profits of activities that drive climate change. Should benefits created ‘at the expense of’ climate change be ‘disgorged’ to those who missed out and now face the adverse costs of the activities from which these benefits were created? The paper sets […]
Susanna Kim Ripken, ‘Corporate Civil Disobedience’
ABSTRACT Classic theories of civil disobedience endorse the right of individuals to commit illegal acts to protest unjust laws and policies. Acts of civil disobedience have historically played a central role in exposing injustice and producing vital legal and social change. The literature on civil disobedience is vast; political and legal theorists have long recognized […]
Mandal and Agrawal, ‘Fiduciary duties in the climate context: Indian law with comparative notes’
ABSTRACT This article will discuss the fiduciary duties of directors under Indian laws to consider climate risk and work toward adaptation and mitigation. The second part of this article will briefly examine the effects of climate change on the Indian corporate landscape. Following this, the third part will analyze the Indian legal framework that governs […]
Gabriel Eckstein, ‘Who Owns the Heat? Property Rights in Geothermal Energy’
ABSTRACT Landowners can have ownership claims to oil, gas, water, and other tangible natural resources located in their subsoil. But can they also claim rights to the thermal energy found below their land? With 50,000 times more heat energy within the top 10,000 meters (around 33,000 feet) of the Earth’s surface than contained in all […]
Marlon Austin, ‘Haters gonna (sue the) Tate: court-based class warfare and private nuisance post-Fearn’
ABSTRACT At first glance, the majority judgment in Fearn takes a sledgehammer to the law of nuisance and reconstructs it from new principles. However, its impact should not be overstated – its rather heterodox approach should be seen as indelibly linked to the specific and remarkable facts rather than a broader sea change in the […]