The role of the Common Law in promoting sustainable energy development in the property sector
Date
2010
Authors
Bradbrook, A.
Editors
McHarg, A.
Barton, B.
Bradbrook, A.
Godden, L.
Barton, B.
Bradbrook, A.
Godden, L.
Advisors
Journal Title
Journal ISSN
Volume Title
Type:
Book chapter
Citation
Property and the Law in Energy and Natural Resources, 2010 / McHarg, A., Barton, B., Bradbrook, A., Godden, L. (ed./s), pp.391-412
Statement of Responsibility
Adrian Bradbrook
Conference Name
Abstract
This chapter suggests that while the major role for promoting sustainable energy development undoubtedly rests with the legislature, the courts have the capacity to play a significant supporting role in this regard. It considers the options available to the courts in common law jurisdictions to influence and modify real property law so as to take full account of the societal need to advance the goal of sustainable energy development. It also examines the elements of sustainable energy development, explores the extent to which the law of real property is relevant to sustainable energy, and then considers the range of legal solutions available to the courts to achieve this goal.
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Dissertation Note
Provenance
Description
Access Status
Rights
real property law; sustainable energy development; common law jurisdictions; property rights; courts