TY - JOUR

T1 - Environmental Private Law

T2 - Some Theory and Two Practical Cases from Dutch and German Courts

AU - Halfmeier, Axel

N1 - Publisher Copyright: © 2023 Brill Nijhoff. All rights reserved.

PY - 2023/12

Y1 - 2023/12

N2 - This article looks at the relationship between private law and environmental concerns. It describes the history of this relationship and some of its legal foundations in German, European, and international law. It also provides a critical overview of modern theoretical approaches in this field. With a view to developments currently underway, it discusses two cases from Germany and the Netherlands. The article concludes that steps are being taken towards a more eco-friendly concept of private law but that the German Federal Court in particular has not yet sufficiently integrated environmental concerns into its concept of private law.

AB - This article looks at the relationship between private law and environmental concerns. It describes the history of this relationship and some of its legal foundations in German, European, and international law. It also provides a critical overview of modern theoretical approaches in this field. With a view to developments currently underway, it discusses two cases from Germany and the Netherlands. The article concludes that steps are being taken towards a more eco-friendly concept of private law but that the German Federal Court in particular has not yet sufficiently integrated environmental concerns into its concept of private law.

KW - Law

KW - environmental law

KW - private law

KW - sustainablity

KW - private enforcement

KW - law and economics

KW - climate changer

KW - pollution

UR - http://www.scopus.com/inward/record.url?scp=85178068098&partnerID=8YFLogxK

U2 - 10.1163/22134514-bja10057

DO - 10.1163/22134514-bja10057

M3 - Journal articles

VL - 10

SP - 289

EP - 309

JO - European Journal of Comparative Law and Governance

JF - European Journal of Comparative Law and Governance

SN - 2213-4506

IS - 3-4

ER -