Category Archives: Land use and Environment

Hannes, Libson and Parchomovsky, ‘The ESG Gap’

ABSTRACT The corporate world is undergoing a transformation: there has been a dramatic influx in demand for companies to promote environmental, social, and governance (ESG) values. Yet these preferences do not necessarily translate into effective corporate actions. In this Article, we underscore the structural problems that prevent such preferences from steering the corporate ship full […]

Mark Ortega, ‘Finding a Core of Sustainability in Directors’ and Officers’ Fiduciary Duties’

ABSTRACT Directors and officers have a fiduciary duty to act in the best interests of a corporation and its shareholders. Yet corporations may be employing unsustainable, short-term business models that fail to properly account for financial and systemic risks that could harm the corporation in the long term. This paper asks whether there is, embedded […]

‘Nuisance and the “but for” test’

Japanese Knotweed (‘JKW’) is bad news for homeowners. Treatment is costly, takes a long time and while it can be managed, it seems that JKW cannot be wholly eradicated. Davies v Bridgend County Borough Council ([2024] UKSC 15) concerned a claim by Mr Davies in respect of an encroachment of JKW from the neighbouring land […]

Antonia Layard, ‘Public (Trust) Rights in Open Space: Day v Shropshire Council

ABSTRACT In Day v Shropshire Council (Day), the Supreme Court considered the effect of a statutory trust under section 10 of the Open Spaces Act 1906 on a subsequent purchaser. Finding for the claimant, a local resident resisting development, the Supreme Court unanimously held that the local authority’s failure to give notice and consider objections […]

Yifat Naftali Ben Zion, ‘Ethical Investments’

ABSTRACT The market for socially responsible investing – commonly referred to as ESG (environmental, social, and governance) investing – is experiencing rapid growth. Yet a crucial legal question, that could shape this market’s potential to better our world, remains unresolved: can institutional investors consider ESG factors when making investment decisions? These investors hold a significant […]

Alban Guyomarc’h, ‘Property on space resources: The search for a terminology’

ABSTRACT By the end of one or two decades, several competing lunar bases will be installed or in the process of being installed, most probably located around the Moon’s South Pole and its water resources. By the end of three decades, companies will probably be extracting resources from the moon with a commercial and lucrative […]

Riccard Fornasari, ‘The Legal Form of Climate Change Litigation: An Inquiry into the Transformative Potential and Limits of Private Law’

ABSTRACT This article analyzes the impact of climate change litigation on the form of private law, contributing to our understanding of the transformative potential and limits of private law. I argue that climate change litigation breaks the homology between the commodity form and the legal form, to surprisingly antisystemic effect. Developing this argument, I make […]

Wu and Zhong, ‘The Equity Market Response to Climate Change Litigation’

ABSTRACT We document a significant decline in defendants’ stock prices after the filing of litigation cases on climate change issues against them in the US. Economically, we document a 0.5% decline on the filing day and a 2.7% cumulative abnormal decline in the eight days following the filing. Cross-sectional analysis shows that the negative response […]

Bram Akkermans, ‘In Search for Sustainable Property Relations’

ABSTRACT As we move into the twenties of the new millennium there is ample evidence that we are in a climate crisis. Although this is not the first crisis of this century it is certainly more prevailing. In terms of eco-sustainability the world is dealing with an increase in global temperatures and a loss of […]

Carsten Koenig, ‘An Economic Analysis of Supply Chain Liability’

ABSTRACT Legislators and regulators around the globe are increasingly seeking to hold multinational companies accountable for human rights and environmental abuses in their supply chains, even when the harm is primarily caused by a subsidiary or business partner. This paper examines such supply chain liability from an economic perspective. It argues that it can be […]