Category Archives: Land use and Environment
Jaye Ellis, ‘Forms of Law for the Anthropocene: Civil Liability Revisited’
ABSTRACT Rapid, unpredictable ecological changes and the resulting instability that are characteristic of the Anthropocene call for a re-examination of the role of law in governing interactions between humans and ecosystems and facilitating adaptation to ecological change. The scope and scale of environmental change we are experiencing seem to call for a regulatory approach, namely […]
Contreras Kong and Rogge, ‘Sustainability-Linked Products: International Private Law Standards’
ABSTRACT The last few years there has been a steady increase in sustainability-linked financial products. This paper examines in particular sustainability-linked bonds, loans, and derivatives. The focus is on the development of international private law standards which have arisen in this market, similar to those present in a wide range of ‘usual’ financial products. Some […]
Rachael Walsh, ‘Deliberation and Resilience: Tackling Wicked Property Problems’
ABSTRACT This chapter analyses the effectiveness of deliberative strategies in tackling three ‘wicked’ property problems: climate change, biodiversity loss, and affordable housing. It does so through a critical analysis of the use of deliberative mini-publics to shape policy on these issues, highlighting how deficiencies in the representativeness of these institutions create challenges in using them […]
‘Conference: “Rethinking Property: Decentralized Histories of Land Tenure (16th-19th centuries)” – IberLAND project (Messina: Faculty of Law, University of Messina, 3-4 October 2024)’
The IberLAND project is pleased to announce the upcoming conference, ‘Rethinking Property: Decentralized Histories of Land Tenure (16th–19th centuries)’, taking place from October 3rd to 4th, 2024, at the Faculty of Law, University of Messina (Italy), co-organized with its Law Department. This event aims to explore the complex evolution of land tenure and property concepts […]
David Dana, ‘Corporate Liability for Climate Change Adaptation Costs: A Market Share/Several Liability Approach’
ABSTRACT Allocating financial responsibility for climate change costs to major energy companies could happen in many fora – at the federal, state or international level, via legislation, treaties or adjudication. This Article explores the allocation in the context of state law climate adaptation cost suits in the United States, and argues that a market share/several […]
Dionysia Katelouzou, ‘The Unseen “Others”: A Framework for Investor Stewardship’
ABSTRACT Institutional investors, as stewards, exercise power on behalf of their clients/beneficiaries, and in doing so, regard a broader spectrum of ‘unseen’ others – end investors, investable assets, and the broader economy, environment, and society. This analytical framework reveals a crucial distinction: the interests of these unseen others may not align with those of the […]
Haley Todd Newsome, ‘Advancing Tort Law for Climate Displacement Compensation’
ABSTRACT Climate change has already displaced people from their homes and is predicted to displace millions more in the coming decades. Involuntary climate-induced migration causes loss and damage before, during, and after the displacement. In this Note, I argue that the climate displaced should seek tort compensation from fossil fuel companies for this loss and […]
Enriques, Romano and Tuch, ‘Green Gatekeepers’
ABSTRACT Products are routinely labeled ‘carbon neutral’, ‘recycled’, ‘biodegradable’, ‘ocean-friendly’, and ‘sustainable’. Bonds are marketed as ‘green’ and mutual funds as ‘ESG’, while firms may pledge to become ‘net zero’. But are statements concerning environmental qualities reliable? It is often hard for consumers and investors to tell. Environmental qualities tend to have credence attributes; they […]
Andrew Woodhouse, ‘Commodity-form theory of law, the climate crisis, and the European Union’
ABSTRACT This essay reflects on how the Marxist commodity-form theory of law can inform approaches to EU climate law. The commodity-form theory understands law as a central social relation in the capitalist mode of production. The essay combines this theory with a Marxist analysis of the relationship between capitalism and nature, arguing that the inherent […]
Christopher Boge, ‘The Concept of the Possession of the Land’
ABSTRACT Possession of land as a legal concept continues to confound, and perhaps it always will. On the one hand, it is a simple concept and primarily that is because it has a counterpart under a general conceptual scheme. It is the having of the land for oneself. On the other hand, it is misperceived […]