Abstract
may teach us about the concept of ownership. Through a close
analysis of laws aimed at encouraging specific land uses in order to
mitigate emissions, it argues that these laws support the increasingly
uncontroversial claim that ownership of estates or interests in land
places obligations and responsibilities on owners to exercise the
resulting rights for the benefit of others. However, although land
ownership is flexible enough to support the environmental objectives
of these laws, their failure to adequately accommodate the
practicalities of ownership, such as anticipating the position of
successors in title, increases the risk of conflict between owners of
estates and interests in land, and compromises the ability of both
environmental and property law regimes to achieve their intended
objectives
| Original language | English |
|---|---|
| Pages (from-to) | 869-898 |
| Number of pages | 30 |
| Journal | University of New South Wales Law Journal |
| Volume | 42 |
| Issue number | 3 |
| Publication status | Published - 2019 |
Keywords
- real property law
- Australia
- climate change
- ownership
Cite this
}
Implications of climate change for Western concepts of ownership : Australian case study. / Johnston, Vanessa; France-Hudson, Ben.
In: University of New South Wales Law Journal, Vol. 42, No. 3, 2019, p. 869-898.Research output: Contribution to journal › Article › Research › peer-review
TY - JOUR
T1 - Implications of climate change for Western concepts of ownership
T2 - Australian case study
AU - Johnston, Vanessa
AU - France-Hudson, Ben
PY - 2019
Y1 - 2019
N2 - This article considers what Australian responses to climate changemay teach us about the concept of ownership. Through a closeanalysis of laws aimed at encouraging specific land uses in order tomitigate emissions, it argues that these laws support the increasinglyuncontroversial claim that ownership of estates or interests in landplaces obligations and responsibilities on owners to exercise theresulting rights for the benefit of others. However, although landownership is flexible enough to support the environmental objectivesof these laws, their failure to adequately accommodate thepracticalities of ownership, such as anticipating the position ofsuccessors in title, increases the risk of conflict between owners ofestates and interests in land, and compromises the ability of bothenvironmental and property law regimes to achieve their intendedobjectives
AB - This article considers what Australian responses to climate changemay teach us about the concept of ownership. Through a closeanalysis of laws aimed at encouraging specific land uses in order tomitigate emissions, it argues that these laws support the increasinglyuncontroversial claim that ownership of estates or interests in landplaces obligations and responsibilities on owners to exercise theresulting rights for the benefit of others. However, although landownership is flexible enough to support the environmental objectivesof these laws, their failure to adequately accommodate thepracticalities of ownership, such as anticipating the position ofsuccessors in title, increases the risk of conflict between owners ofestates and interests in land, and compromises the ability of bothenvironmental and property law regimes to achieve their intendedobjectives
KW - real property law
KW - Australia
KW - climate change
KW - ownership
M3 - Article
VL - 42
SP - 869
EP - 898
JO - University of New South Wales Law Journal
JF - University of New South Wales Law Journal
SN - 0313-0096
IS - 3
ER -