The Oxford Handbook of Climate Change and Private Law
The Oxford Handbook of Climate Change and Private Law offers a comprehensive scholarly assessment of the impacts of climate change for private law. It brings together a team of world-leading experts to examine the interface between private law and climate change, including how existing private law can respond to climate change and whether private law itself might be impacted by climate change. This Handbook joins theory and practice through jurisdictional case studies from the EU, Africa, the U.S., China, and more. It also includes an analysis of emerging issues from artificial intelligence to the horizontal effect of human rights. This authoritative analysis charts the path toward a new private law, one capable of stewarding and sustaining human relationships within, and with, a world in transition.
Chapter 1:Introduction, Douglas A. Kysar and Ernest Lim
Part I. Theoretical Approaches to Private Law
Chapter 2:Law and Economics, Michael Faure
Chapter 3:Critical and Social Theory, K-Sue Park
Chapter 4:Relational Justice, Avihay Dorfman
Part II. Law of Obligations
Chapter 5:Consumer Climate Contracts, Eric W. Orts
Chapter 6:Contract Law, Irina Sakharova
Chapter 7:Common Law Torts, David Bullock
Chapter 8:Causation and Climate Change in Tort, Mark A. Geistfeld and Sandy Steel
Chapter 9:Civil Law Torts, E. R. de Jong
Chapter 10:Products Liability, Douglas A. Kysar
Chapter 11:Consumer Protection, Tiffanie Chan, Juliana Vélez Echeverri, Joana Setzer, and Catherine Higham
Chapter 12:Unjust Enrichment and Climate Litigation, Maytal Gilboa, Yotam Kaplan, and Roee Sarel
Chapter 13:Fiduciary Law, Seth Davis and Gregory Shaffer
Part III. Property
Chapter 14:Property Law, J. B. Ruhl and Jim Rossi
Chapter 15:Cultures of Land Use and Ownership, Nicole Graham
Chapter 16:Intellectual Property, Graham Reynolds
Chapter 17:Trusts, Carla Spivack
Part IV. Corporate and Commercial Law
Chapter 18:Corporate Law and Governance, Ernest Lim
Chapter 19:Climate Disclosure in the Global South, Maria Eduarda Lessa and Mariana Pargendler
Chapter 20:Finance, Arjuna Dibley
Chapter 21:Competition Law, Julian Nowag and Thomas Cheng
Chapter 22:Insurance Law, Franziska Arnold-Dwyer
Chapter 23:Securities Regulation, Virginia Harper Ho
Chapter 24:Bankruptcy Law, Joshua C. Macey
Chapter 25:International Commercial Arbitration, Ying Zhu
Chapter 26:Labour Law, Frances Flanagan
Chapter 27:Maritime Law, Martin Davies
Chapter 28:Investor-State Disputes, Kyla Tienhaara
Chapter 29:Corporate Sustainability and the European Union, Barbara Pozzo
Chapter 30:Non-Governmental Organisations and Private Standard Setting, Cynthia A. Williams
Chapter 31:Private Environmental Governance, Michael P. Vandenbergh and Paul C. Stern
Chapter 32:Private International Law, Ekaterina Aristova and Uglješa Grušić
Part V. Area Perspectives
Chapter 33:The European Union, Harro van Asselt and Jessica Crow
Chapter 34:The United Kingdom, Kim Bouwer
Chapter 35:The United States, John C. Dernbach
Chapter 36:India, Umakanth Varottil
Chapter 37:Australasia, Jacqueline Peel
Chapter 38:East and Southeast Asia, Jolene Lin
Chapter 39:Africa, Uzuazo Etemire
Chapter 40:China, Yue Zhao and Yi Feng
Chapter 41:Brazil, Danielle de Andrade Moreira
Part VI. Emerging Issues
Chapter 42:Legal Education, Candida Leone
Chapter 43:Lawyers and Law Firms, Camila Bustos
Chapter 44:Artificial Intelligence, Jan-Erik Schirmer
Chapter 45:The Horizontal Effect of Fundamental Rights, Olha O. Cherednychenko and Boudewijn de Bruin
Chapter 46:Indigenous Peoples, Sam Bookman
Authors
Douglas A. Kysar
Ernest Lim
Reviews
At a time when climate conditions are worsening but the U.S. government is moving backwards on climate action and the energy transition, the tools of private law take on increasing importance. This pathbreaking book explores both the theory and the practice of how familiar areas of law — contracts, torts, property, trusts, intellectual property —can be applied in innovative ways. It also delves into the climate relevance of essential aspects of corporate and commercial law such as finance, insurance, competition, securities, bankruptcy, labor, and arbitration. Anyone looking for new legal tools to fight climate change will greatly benefit from this volume.
This is a must read for anyone interested in climate change and private law. I applaud the editors and authors for an agenda-setting collection that is impressive in terms of breadth, diversity, and depth.
Climate change is a 'hot situation' and the law regulating it is 'hot law'. Both are polycentric, interdisciplinary, complex, uncertain and ever-changing. Capturing this hot situation and hot law is challenging. The Oxford Handbook of Climate Change and Private Law rises to the challenge. Solving the climate change crisis demands thinking 'outside the box'. Deploying lateral thinking, the book explores how private law can be used in different and novel ways to solve the climate change crisis. It is a work of original and valuable scholarship, which adds to the literature in this field."
The Handbook does not just deliver a comprehensive overview of the myriad ways in which private law and climate change intersect. It is also a wellspring of original, innovative and even radical ideas that will set the research agenda of private law and sustainability for years to come. This is a must-read for anyone with an interest in climate change governance and in the future of private law.
Climate change is the major planetary challenge of the 21st century. Public law alone will not be sufficient to overcome this complex challenge. In fact, private law must play a supporting role. The Oxford Handbook of Climate Change and Private Law addresses precisely this role of private law. It offers an extremely insightful and comprehensive overview of how private law deals with the challenges of climate change, covering a wide range of topics - from contract and tort law to company and insurance law. The last section on new topics is particularly innovative, as it highlights new perspectives and directions in this rapidly developing field.