Category Archives: Land use and Environment
Marie Petersmann, ‘Entangled Harms: A Reparative Approach to Climate Justice’
ABSTRACT Transnational climate litigation has become a strategic tool to press state and nonstate actors into action. An analysis of international and domestic cases shows how rights and obligations are being materially, subjectively, spatially and temporally stretched in judicial proceedings. This article focuses on three distinct grammars of climate justice activated in climate litigation. The […]
Bueno and Ngueuleu Djeuga, ‘Civil liability in the EU Corporate Sustainability Due Diligence Directive: A “Brussels Effect” on International Investment Law?’
ABSTRACT How will international investment agreements look like now that the EU Corporate Sustainability Due Diligence Directive (csddd) has entered into force? The CSDDD requires companies to respect human rights and the environment in their global value chains. Besides its public enforcement mechanism, a central element of the csddd is its civil liability provision according […]
Akkermans and Fox O’Mahony, ‘Resilient property, climate change and the decision in Verein KlimaSeniorinnen Schweiz v Switzerland’
ABSTRACT ‘Climate change’ decisions have opened up important questions for property lawyers in relation to the role of property law – and more specifically land law – in exacerbating or mitigating climate and ecological harms. Environmental and ecological sustainability, anthropogenic change and actions to advance the UN’s Sustainable Development Goals (SDGs) depend on material land […]
Markus Puder, ‘The Global South as a Player in the Climate Space: Private Litigants in European Courts Are Stepping Unto the Breach’
ABSTRACT International climate diplomacy is replete with assurances to envelop the countries and peoples of the Global South in the making of law and policy through intergovernmental channels. Over the decades following the birth of international environmental law with the first Earth Summit at Stockholm, many words of solace were spoken and nifty terms were […]
‘Private International Law and Sustainability Development in Asia at Wuhan University – Report’
The Conference on Private International Law and Sustainability Development in Asia was successfully held at Wuhan University School of Law on 23rd November 2024. This international symposium was organized by Wuhan University Academy of International Law and Global Governance, Wuhan University School of Law and China Society of Private International Law … (more) [Zixuan Yang, […]
Michaels and Zeh, ‘Sustainability and Private International Law’
ABSTRACT Private international law has an important, but underappreciated, role to play among the legal responses to the greatest challenges facing our planet. This chapter focuses on the discipline’s traditional role of coordinating the interplay between different private law regimes and its facilitative and regulatory functions. In a dichotomy that parallels the tension between development […]
Dernbach and Parenteau, ‘Who Pays for Damage from Climate Change?’
ABSTRACT As climate change and its attendant costs accelerate, a pressing issue is who should pay for the costs of disaster response and adaptation. The US Global Change Research Program’s Fifth National Climate Assessment (2023) finds that extreme climate events cost the US nearly $150 billion each year, a calculation that doesn’t account for loss […]
Symposium On Energising Private Law – King’s Law Journal, Volume 35, Issue 2 (2024)
Energising Private Law, Introduction to Symposium (Yotam Kaplan and Yael R Lifshitz) The Public-Private Blur in Clean Energy Siting (Shelley Welton) The UK’s energy crises: A study of market and institutional precarity (Jodi Gardner and Mia Gray) The (Shifting) Audience of Energy Law (Yael R Lifshitz) Public and Private Law for Decarbonisation (Katrina M Wyman) […]
‘Towards a Bundle of Duties – Shell v Milieudefensie Confirms Major Developments in Climate Change Liability’
This week’s decision in Shell v Milieudefensie from the Hague Court of Appeals seemed like a blow to climate litigation: Milieudefensie was ultimately unsuccessful in convincing the Court that it could transpose a global requirement for 45% emissions reductions by 2030 into an obligation for a particular actor or sector. Yet, the Court of Appeals […]
Marie-Louise Holle, ‘The Overlooked Role of Private Law: Channelling the Right to Prevention into Climate Litigation’
ABSTRACT There is a prevailing perception that climate case applicants (often civil society) are diverting judges from the path of positive law, steering them instead into an area of activist legal precedence rather than engaging with substantive law. This article argues that private law, in fact, plays a crucial role in climate litigation involving states […]