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  1. Privatisation and Climate Change: a Question of Duties?Ester Herlin-Karnell - 2024 - Jus Cogens 6 (1):89-108.
    If the state outsources a responsibility to private actors to plant trees, is that necessarily a bad thing? Surely, one would think not. Still, in constitutional theory, there are many forceful arguments against privatisation. One of the core arguments against privatisation is the question of who ought to do what and what it means for a policy area to be inherently public. In this paper, I am interested in varieties of privatisation and in particular what privatisation means in the context (...)
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  • The Privatisation of Climate Change Litigation: Current Developments in Conflict of Laws.Sara De Vido - 2024 - Jus Cogens 6 (1):65-88.
    The purpose of this contribution is to analyse climate change litigation in an innovative way, considering it as an example of “privatisation” of international law, and unravelling the “ecological” side of conflict-of-laws climate change litigation. The paper will first explain the concept of privatisation of law as applied to international law and what it means in the context of climate change litigation, before moving to a landmark case, whose appeal is still pending in front of a domestic court in Europe: (...)
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