Category Archives: Land use and Environment
Manor-Percival and Chambers, ‘Restitution and Unjust Enrichment: Promoting Justice in Business and Human Rights Litigation’
ABSTRACT Using Josiya v British American Tobacco (BAT) as a case study, this article explores the growing potential of unjust enrichment to become an additional route to redress in business and human rights (BHR) litigation. Josiya, in which over 7,000 Malawian tobacco farmers are suing BAT for exploitative practices, marks a significant development in attempts […]
Chen, Chen and Sun, ‘The Anti-SLAPP Statutes and Corporate Environmental Policies’
ABSTRACT We examine whether legal protection for civic participation affects corporate pollution. Polluters may deter public discipline through strategic lawsuits. Anti-SLAPP (Strategic Lawsuit Against Public Participation) statutes mitigate this threat by enabling prompt dismissal and recovery of legal costs. Using a difference-indifferences design, we find that enacting an anti-SLAPP statute in a state significantly reduces […]
Jakub Błażej Zwierzchowski, ‘Ecological Private Law? The Chinese Green Principle as a Heuristic Tool for Comparative Legal Analysis’
ABSTRACT Ecological and resource-related challenges increasingly require reconsideration of private-law categories. This article examines Article 9 of the Chinese Civil Code, the so-called Green Principle, as a heuristic tool for identifying the dogmatic effects of direct normative embedding of ecological values in civil-law reasoning. The analysis is based on a qualitative study of Supreme People’s […]
Michael Lewyn, ‘How To Teach Land Use in a Property Course’
ABSTRACT Property textbooks often give very limited coverage to zoning and land use issues. Because I think zoning is an important area of practice, I want my students to know a little more about the basics of zoning than they can get from the textbook; this summarizes what I think is important and what cases […]
Iain MacNeil, ‘Directors’ Duties and Liabilities in Connection with Sustainable Supply Chains – a Common Law Perspective’
ABSTRACT This chapter explores the potential of directors’ duties in the UK as a driver for more effective oversight of human rights and environmental harm in global supply chains. It situates the analysis in the context of the adoption of the Corporate Sustainability Due Diligence Directive in the EU and the evolution of Caremark litigation […]
Paul Rink, ‘Toward New Standards in Strategic Climate Rights Litigation’
ABSTRACT Plaintiffs around the world are relying on carbon budgets derived from the Paris Agreement’s 1.5°C and 2°C global warming temperature targets as proposed metrics for states’ human rights compliance. Although these budgets are an important policy tool in efforts to combat the climate crisis, this litigation trend is misguided. Such emissions allocations are conceptually […]
Call for Papers: Association for Law, Property & Society (ALPS) Annual Meeting, Cardiff School of Law and Politics, 27-30 May 2027
ALPS annual meetings include participants representing numerous countries and working in common law, civil law, Indigenous laws, international law, transnational law, and mixed legal traditions. Presentation submissions on any subject related to property law and the practices that shape property norms and institutions are welcome. Possible organizing themes include, but are not limited to: … […]
Matthias Petel, ‘The politics of neutrality in climate adjudication: Scientific consensus, judicial legitimacy and equity in rights-based European climate litigation’
ABSTRACT This article examines two European rights-based climate litigation cases – Klimaatzaak v Belgium and Milieudefensie v Shell – where courts were asked to set quantified climate mitigation targets. Such determinations inherently involve distributive questions, as they require allocating shares of a finite global carbon budget across actors and over time. I analyse how courts […]
Joseph Spooner, ‘Debt relief as climate policy: the role of personal insolvency law’
ABSTRACT Climate impacts extend beyond physical destruction to include widespread financial distress. This article explores the role that debt relief policies – particularly personal insolvency or bankruptcy law – might play within a range of measures to raise the capacity of individuals to withstand climate-related shocks. Through the cancellation of unpayable debt, personal insolvency acts […]
Friday, Izevbuwa and Nwazi, ‘Suing Across Borders: International Tort Law and Nigeria Oil Pollution Litigations’
ABSTRACT This paper is a re-appraisal of the international torts law remedies available to the victims of pollution in the oil and gas industry in Nigeria. Environmental protection in Nigeria is governed by a mix of local regulations and international laws. International torts law is the legal framework that governs legal disputes between individuals and […]