Litigation Finance in Environmental Disputes
   
 
Författare:Nagelmueller Mauritius
Titel:Litigation Finance in Environmental Disputes
Utgivningsår:2025
Förlag:Kluwer Law International
ISBN:9789403520490
Produkttyp:Inbunden
Typ av verk:Monografi
Ämnesord:Miljörätt , Processrätt , Internationell rätt

Pris: 2170 SEK exkl. moms

 

Litigation Finance in Environmental Disputes is a timely book depicting how litigation finance, used correctly, offers opportunities to serve environmental protection and deliver a positive impact. Lawyers play a vital role in the efforts to enhance environmental protection across all legal systems. Litigation finance—the process by which a third-party entity finances legal disputes at its own risk—has been found to promote access to justice across various sectors. Environmental disputes can, and should, be one of them.

What’s in this book:

With an extensive interdisciplinary and cross-jurisdictional examination of the legal landscape of litigation finance in Australia, England and Wales, Germany, and the United States, a thorough analysis of the globally interlinked system of environmental laws and fora, and studies of cases where litigation finance has been used to increase access to justice for people affected by environmental disasters—the book furnishes an actionable guide to the “dos and don’ts” in such ventures. With a focus on the four jurisdictions mentioned above, this book presents clear descriptions and analyses of the following:

- litigation finance process and products;

- legal framework and regulatory approaches;

- cost-benefit analysis;

- “global” environmental law;

- common obstacles faced in environmental disputes, and ways to overcome them;

- challenges faced in the financing of environmental disputes, including requirements and red flags;

- strategy considerations;

- benefits of using litigation finance in environmental disputes; and

- means to incorporate environmental disputes into the portfolios of law firms and litigation finance providers.


How this will help you:

Litigation finance has already helped victims of environmental harm to overcome financial hurdles when pursuing their claims and therefore achieved long-term positive environmental and economic effects. With its detailed case studies, practical guidance, and viable recommendations, this book paves the way for claimholders, legal practitioners, policymakers, and scholars to navigate the legal landscape of litigation finance and the particular challenges associated with environmental disputes, to secure—or provide—financing for environmental disputes knowing opportunities and caveats, and utilize legal finance to support environmental causes by leveraging the regulatory dimension of civil dispute resolution.

Table Of Contents
About the Author
Foreword
Preface
Acknowledgments

Introduction

PART I
Litigation Finance

CHAPTER 1
The Lacuna Between Law and Finance

CHAPTER 2
Operation

CHAPTER 3
Legal Framework Across Select Jurisdictions

CHAPTER 4
Core Findings and Conclusions: Part I


PART II
Environmental Disputes

CHAPTER 5
Historical Development and Prospects for Financed Disputes

CHAPTER 6
Private Law and Dispute Resolution as Regulatory Tool

CHAPTER 7
Compatible Types of Environmental Disputes

CHAPTER 8
National and International Instruments and Fora

CHAPTER 9
Common Obstacles

CHAPTER 10
Core Findings and Conclusions: Part II

PART III
The Financing of Environmental Disputes

CHAPTER 11
Case Studies

CHAPTER 12
Challenges

CHAPTER 13
Potential Environmental and Economic Impact

CHAPTER 14
Core Findings and Conclusions: Part III

PART IV
Factors for Successful Litigation Finance in Environmental Disputes

CHAPTER 15
Guideline for Claimants, Lawyers & Financing Entities

CHAPTER 16
Benefits

CHAPTER 17
Incorporating Environmental Disputes

CHAPTER 18
Core Findings and Conclusions: Part IV

Conclusion

Bibliography

Table of Cases

Table of Legislative, Administrative and Executive Materials; Government Reports, Inquiries and Releases
 
  © 2017 Jure AB