Given the high levels of greenhouse gases already in the atmosphere and the likelihood of growing emissions in the future, even aggressive limits on greenhouse gas emissions might ultimately fail to prevent dangerous climate disruptions. To prepare for this risk, some scientists have started to...

Our chapter concerns how legal process can lead to efficient policies for fostering innovation and growth. Future innovation will depend at least as much on how laws are made as on a priori analyses of the optimal content of those laws. Of particular importance is whether U.S. choice of law and...

In this contribution we set out to answer the question whether a transnational response to relieve the need of victims of transnational environmental pollution is required, and if so, what response would be in order. The first part of the question should be answered with a firm “yes.” It is...

There is an international trend towards civil liability claims against parent companies of multinational corporations for damage caused to people and planet in host countries. The district court in The Hague recently assumed jurisdiction over claims by two Nigerian farmers and the Dutch NGO...

In this paper, I consider how tort law and criminal law - conceived as interlocking and overlapping systems for protecting and upholding the legal rights people have against other people - should operate in a society where there are not enough public funds available to run those systems properly...

This paper analyses what the decision in Bolagsupplysningen and Ilsjan (C-194/16) means for transborder intellectual property infringement disputes. In this case, the Court of Justice of the European Union extended “the centre of interests” basis of jurisdiction under Art. 7(2) of EU...

In its Kolassa judgment, the CJEU has for the first time decided which national court in the EU has jurisdiction for claims against an issuer of securities based on an allegedly false prospectus. This contribution analyses this fundamental and at the same time ambiguous ruling. The ruling's most...

‘…the possibility of damages for those whose interests Urgenda represents, including current and future generations of Dutch nationals, is so great and concrete that given its duty of care, the state must make an adequate contribution, greater than its current contribution, to prevent...

Some commentators have recently proclaimed the U.S. Alien Tort Claims Act to be dead. In Nevsun Resources, the Canadian Supreme Court took a seemingly bold step in providing access to justice to victims of human rights abuses against corporate entities, presumably to partly fill this void. This...

This article concerns the recent case of Georges v United Nations, which constitutes, to date, the most elaborate public law challenge to the principle of UN immunity from suit and private law attempt at procuring compensation from the UN for alleged malfeasance. Despite the fact that it relates...