Rethinking Expropriation Law IV

Takings for Climate Justice and Resilience
Erscheinungsjahr 2024
ISBN: 978-90-473-0210-0
Verlag: eleven

Buch, Englisch, Band 13, 441 Seiten, Format (B × H): 165 mm x 240 mm

Reihe: NILG - Vastgoed, Omgeving en Recht

The latest IPCC report makes it abundantly clear that we are failing to reach the target of limiting global warming to 1.5°C compared to the pre-industrial era. If we are to reach this target, we need to take measures to reduce the emission of greenhouse gases, to move away from fossil fuels as energy sources and to adopt renewable energy sources. Particularly high-income countries need to reduce consumption and the exploitation of nature. Enforcement is in order when incentives such as subsidies are not sufficiently effective.
To explore and reflect on the scope for state action that limits or expropriates property for climate protection, we gathered a group of scholars from around the world at the 2022 conference 'Takings for Climate Justice and Resilience', hosted by the University of Groningen. We sought to address the scope for States to expropriate property for renewable energy projects, to prohibit harmful activities on land, and to compel owners to refurbish their buildings. This fourth book in the Rethinking Expropriation Law series of the Expert Group on Expropriation Law (www.expropriation.info) contains fourteen double-blind peer-reviewed contributions based upon presentations given at the aforementioned conference. This book aims to contribute to the legal debate on how to better protect our climate, intended for academics, practitioners, policymakers and politicians.

 

The series Vastgoed, Omgeving & Recht (Property, Environment & Law) focuses on exchange of knowledge and discussion between theory and practice in the field of real estate, environment and law in the broadest sense. Monographs, theses, conference bundles and comments are part of the series. This series is part of the book series published by the Nederlands Institute for Law and Governance (NILG).
The Nederlands Institute for Law and Governance (NILG) is a joint venture between the faculties of law at the VU University Amsterdam, the University of Groningen and other research institutions to improve research in the field of Law and Governance. The NILG’s research theme is the interaction between the regulation of public and private interests in law and the way in which these interests are being regulated.

Autoren/Hrsg.

Habdas, Magdalena

Hoops, Björn

Marais, Ernst

Mostert, Hanri

Sluysmans, Jacques

Verstappen, Leon

Fachgebiete

• Rechtswissenschaften Öffentliches Recht Umweltrecht Umweltrecht allg., Technikrecht, Immissionsschutzrecht
• Geowissenschaften Umweltwissenschaften Umweltverschmutzung, Umweltkriminalität, Umweltrecht

Inhaltsverzeichnis

1 Takings for Climate Justice and Resilience: Introductory Remarks; 2 Takings for Climate in Germany; 3 Property Rights, Regulation, and Expropriation for Renewable Energy in Norway; 4 Combatting the Climate and Electricity Crisis in South Africa; 5 The Framing of Climate Change Discourse and Policy; 6 Rethinking Expropriation to Establish Protected Areas in Community Lands in East and Central Africa; 7 Facilitating Climate-Friendly Improvements in Condominiums; 8 Climate Change and the Social Function of Property; 9 The Procedural Turn, the Right to Property and Climate Change Expropriation: Quo Vadis?; 10 Making Scottish Apartment Law Sustainable; 11 The Positive Obligation to Renovate; 12 Enabling Resilient Property Systems; 13 Takings in Extraordinary Circumstances; 14 Losing or Exiting Negatively Valued Ownership in a Climate-Distressed World; 15 Expropriation’s Afterlives; Previously Published in the Vastgoed, Omgeving & Recht Series