Results 141 to 150 of about 4,132 (256)

Common and civil law approaches to tort‐based corporate climate litigation: A comparative case law review

open access: yesReview of European, Comparative &International Environmental Law, EarlyView.
Abstract As corporate climate litigation intensifies globally, litigants consistently encounter the same procedural and substantive hurdles: duty of care, standing and causation. Success in navigating these hurdles has been sporadic, and most existing inquiry has sought to understand these trends according to geographical or case‐type lenses.
Calum MacLaren
wiley   +1 more source

Rights of Nature in the EU: A thought experiment to improve access to justice

open access: yesReview of European, Comparative &International Environmental Law, EarlyView.
Abstract Against the backdrop of the growing need for legal innovation in environmental protection, this article explores the interplay between Rights of Nature (RoN)—a legal theory asserting that the inherent moral value of nature must be protected legally by granting rights and legal personality to nature itself—and the EU constitutional right of ...
Emma Sanvito, Mariolina Eliantonio
wiley   +1 more source

Understanding Literal Compliance in the European Union's Multilevel Fiscal Governance

open access: yesRegulation &Governance, EarlyView.
ABSTRACT Even if member states formally comply with EU law, the ‘ideal type’ of literal compliance, where EU rules are compliantly transposed without customizing their density or restrictiveness, is both rare and improbable. Why do EU member states engage in literal compliance in the ‘least likely’ case of the EU's Fiscal Compact, where customized ...
Tiziano Zgaga, Eva Thomann
wiley   +1 more source

Tightening the Regulatory Grip: Local Regulatory Stringency and Sectoral Platform Regulation in EU Cities

open access: yesRegulation &Governance, EarlyView.
ABSTRACT Platform companies like Uber and Airbnb are depicted as agile policy entrepreneurs who can navigate the boundaries of regulatory frameworks and manipulate regulations to their advantage; however, recent empirical studies suggest that their capacity to influence policy depends on the particular political and institutional context.
Eliska Drapalova, Kai Wegrich
wiley   +1 more source

How Can Law Be Robust in the Face of Heightened Societal Turbulence?

open access: yesRegulation &Governance, EarlyView.
ABSTRACT Taking its cue from the growing frequency of disruptive crises, new research argues that crisis‐induced turbulence calls for robust governance based on adaptation and innovation. While law plays a key role in the effort of governments to govern robustly, the robustness of law has received scant regard.
Eva Sørensen   +2 more
wiley   +1 more source

Home - About - Disclaimer - Privacy