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Property and the Law in Energy and Natural Resources$
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Aileen McHarg, Barry Barton, Adrian Bradbrook, and Lee Godden

Print publication date: 2010

Print ISBN-13: 9780199579853

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780199579853.001.0001

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

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

Chapter:
(p.391) 19 The Role of the Common Law in Promoting Sustainable Energy Development in the Property Sector
Source:
Property and the Law in Energy and Natural Resources
Author(s):

Adrian Bradbrook

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199579853.003.0019

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

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