Chapter

The Role of the Common Law in Promoting Sustainable Energy Development in the Property Sector

Adrian Bradbrook

in Property and the Law in Energy and Natural Resources

Published in print February 2010 | ISBN: 9780199579853
Published online May 2010 | e-ISBN: 9780191722745 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199579853.003.0019
 							The Role of the Common Law in Promoting Sustainable Energy Development in the Property Sector

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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.

Keywords: courts; sustainable energy development; property rights; common law jurisdictions; real property law

Chapter.  8906 words. 

Subjects: Public International Law

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