This book explores the challenge that the commons present to the private-public dichotomy in a wide variety of national legal systems representing the West European legal tradition as well as post-socialist and post-colonial experiences. It presents national reports from 13 jurisdictions, ranging from Belgium and the South Africa to the US. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative law.

Bringing together a diverse array of property law specialists, this timely Research Agenda explores the theoretical and doctrinal dimensions of the main subareas of property law. It examines the current tensions between the protection of existing property interests and the need to tackle societal challenges, such as digitalisation, the creation of energy communities, and the climate crisis.

This book explores convergences of legal doctrine despite jurisdictional, cultural and political barriers, as well as divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading experts from all continents, its 26 chapters present a comparative analysis of cutting-edge legal issues of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. Several of the chapters show how, in addition to state normative production and state adjudication, a growing panoply of non-state instruments and non-state adjudication are becoming more and more central to the legal field. This book is a key addition to the library of any scholar wanting to keep abreast of the major trends in contemporary law. Representing the current state of law in a vast range of areas, it covers each topic from a comparative perspective. Cet ouvrage, en examinant des sujets d'une importance vitale pour les juristes contemporains, traite des convergences de la doctrine juridique malgré les barrières juridictionnelles, culturelles et politiques ainsi que des divergences dues à ces barrières. Écrits par d'éminents universitaires de tous les continents, ses 26 chapitres présentent une analyse comparative de sujets juridiques majeurs du 21e siècle. Dans un monde technologiquement avancé, bien que chaque pays analysé dans cet ouvrage demeure autonome en tant qu'État souverain, l’ensemble des systèmes disparates présente néanmoins des stratégies comparables pour traiter des questions juridiques complexes. En outre, plusieurs chapitres montrent comment, en plus de la production normative et de la résolution des différends étatiques, la panoplie croissante de différents types d'instruments non étatiques et de résolution non étatique des différends devient de plus en plus centrale dans la sphère juridique. Cet ouvrage est un ajout essentiel à la bibliothèque de tout universitaire souhaitant se tenir au courant des principales tendances du droit contemporain. Il couvre un vaste domaine de sujets traités d'un point de vue comparatif et représente l'état actuel du droit dans chaque domaine.

The Routledge Handbook of Private Law and Sustainability reflects on how the law can help tackle the current environmental challenges and make our societies more resilient to future crises. Sustainability has been high on the political agenda since the approval of the Sustainable Development Goals in 2015 and the EU Green Deal in 2019. The Green Agenda aims at making Europe the first climate‐neutral continent by 2050, but humanity persists in an ecological overshoot that puts at risk the survival of species, including that of our own. Drawing together a selection of leading thinkers in the field, this Handbook provides a curated overview of the most recent and relevant discussions for private lawyers related to environmental and sustainability concerns. The authors delve into case study examples from 20 countries in Europe and beyond and discuss a wide range of issues, including new property law and consumer law paradigms, the use of legal tech for promoting sustainable property management, strategies for fighting planned obsolescence, eco‐design, the servitisation economy, advances on corporate climate litigation and mandated green private sludges. Overall, the volume is designed to empower new generations of legal scholars to take an active role in the transition to a more sustainable future. It will also assist policymakers in producing better policy, through pinpointing the main legal issues that need to be addressed and offering a comparative overview of legal solutions and best practices. Divided into six key parts and overseen by a team of internationally recognised expert editors, this Handbook will be an essential resource for students, scholars, private lawyers and policymakers who wish to have a comprehensive, fundamental overview of how environmental sustainability concerns reflect on private law.

A Choice Outstanding Academic Title in Economics 2023. In this stimulating analysis, Hannes Gerhardt outlines the potentials and challenges of a technology-enabled, commons-focused transition out of capitalism. The book shows that openness and cooperation are more beneficial in today’s economies and societies than competition and profit-seeking. Driven by this conviction, Gerhardt identifies key imperatives for overcoming capitalism, from democratizing our digital, material, and financial economies to maintaining a robust, political mobilization. Using clear examples, he explores tactical openings through the lens of ‘compeerism’, a newly constructed framework that highlights the latent counter-capitalist possibilities, but also limits, of our emerging technological landscape. This is an accessible contribution to counter-capitalist discourse that is both inspiring and pragmatic for academics and activists alike.

In the last two hundred years, the earth has increasingly become the private property of a few classes, races, transnational corporations, and nations. Repeated claims about the "tragedy of the commons" and the "crisis of capitalism" have done little to explain this concentration of land, encourage solution-building to solve resource depletion, or address our current socio-ecological crisis. The Commons in an Age of Uncertainty presents a new explanation, vision, and action plan based on the idea of commoning the land. The book argues that by commoning the land, rather than privatising it, we can develop the foundation for prosperity without destructive growth and address both local and global challenges. Making the land the most fundamental priority of all commons does not only give hope, it also opens the doors to a new world in which economy, environment, and society are decolonised and liberated.

Urbanization is a global phenomenon and the book emphasizes that this is not just a social-technological process. It is also a social-ecological process where cities are places for nature, and where cities also are dependent on, and have impacts on, the biosphere at different scales from local to global. The book is a global assessment and delivers four main conclusions: Urban areas are expanding faster than urban populations. Half the increase in urban land across the world over the next 20 years will occur in Asia, with the most extensive change expected to take place in India and China Urban areas modify their local and regional climate through the urban heat island effect and by altering precipitation patterns, which together will have significant impacts on net primary production, ecosystem health, and biodiversity Urban expansion will heavily draw on natural resources, including water, on a global scale, and will often consume prime agricultural land, with knock-on effects on biodiversity and ecosystem services elsewhere Future urban expansion will often occur in areas where the capacity for formal governance is restricted, which will constrain the protection of biodiversity and management of ecosystem services

Considering the Mekong region as an aggregation of various commons, the contributors to this volume investigate the various commons across the boundaries of the humanities, social sciences, and natural sciences. The book incorporates the specialized fields of political science, area studies, public policy, international relations, international development, geography, economics, business administration, public health, engineering, agricultural economics, tropical agriculture, and biotechnology. The contributions to the book cover various issues including innovation and technology, transport and logistics, public health and literacy, traditional medicine, infectious diseases, advanced agricultural technologies, irrigation, water resources, labor migration, human trafficking, and counterfeiting. They examine various commons and goods related to these issues, and discuss practices, policies, decision-making processes and governance strategies for imagining a future Mekong Community that will avoid the tragedy, and explore the comedy of the commons/anti-commons. A valuable resource for scholars of the Mekong region, and more broadly for academics working on the interdisciplinary study of transboundary governance issues.

On 21 May 2019, it was officially recognized that we are now living in the Anthropocene, our earth’s latest geological epoch, named for the 'unmistakable imprint of human activities'. This announcement came almost 60 years after the publication of Rachel Carson’s landmark work of environmental writing, Silent Spring, and next year (2022) it will be 50 years since the first UN Conference on the Human Environment, held in Stockholm in June 1972. This book, Our Earth Matters: Pathways to a Better Common Environmental Future, is a special issue of the journal Environmental Policy and Law, which was first published in 1975. It presents 21 invited contributions by outstanding scholars from around the world, which examine existing global regulatory approaches, processes, instruments and institutions for the protection of the global environment. The articles are grouped under four headings: Prognoses, Processes, Problematique and Prospects, and in them the authors have sought to explore answers to the existential environmental crisis. They urge us to ponder our reckless destruction of natural spaces, endangering of plant and animal species, poisoning of the environment, and general disturbance of our essential ecological processes. The primary objective of the book is to raise the awareness of the global audience by inspiring scholars and decision-makers to re-examine current global approaches to environmental issues and explore the future trajectory with new ideas and frameworks for international environmental governance in the 21st century and beyond. The book will be of interest to all those working to secure the sustainable future of the human race on our only abode, planet Earth. Bharat H. Desai is Professor of International Law and Jawaharlal Nehru Chair in International Environmental Law, Centre for International Legal Studies, School of International Studies, Jawaharlal Nehru University, New Delhi; Editor-in-Chief of the journal Environmental Policy & Law (Amsterdam: IOS Press) and of the Yearbook of International Environmental Law (Oxford: OUP).

This book approaches law as a process embedded in transnational personal, religious, communicative and economic relationships that mediate between international, national and local practices, norms and values. It uses the concept "living law" to describe the multiplicity of norms manifest in transnational moral, social or economic practices that transgress the territorial and legal boundaries of the nation-state. Focusing on transnational legal encounters located in family life, diasporic religious institutions and media events in countries like Norway, Sweden, Britain and Scotland, it demonstrates the multiple challenges that accelerated mobility and increased cultural and normative diversity is posing for Northern European law. For in this part of the world, as elsewhere, national law is challenged by a mixture of expanding human rights obligations and unprecedented cultural and normative pluralism enhanced by expanding global communication and market relations. As a consequence, transnationalization of law appears to create homogeneity, fragmentation and ambiguity, expanding space for some actors while silencing others. Through the lens of a variety of important contemporary subjects, the authors thus engage with the nature of power and how it is accommodated, ignored or resisted by various actors when transnational practices encounter national and local law.