Environmental Private Law: Some Theory and Two Practical Cases from Dutch and German Courts
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Environmental Private Law : Some Theory and Two Practical Cases from Dutch and German Courts. / Halfmeier, Axel.
In: European Journal of Comparative Law and Governance, Vol. 10, No. 3-4, 12.2023, p. 289-309.Research output: Journal contributions › Journal articles › Research
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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 -