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"Howarth, David"
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NUISANCE, PLANNING AND HUMAN RIGHTS: THROWING AWAY THE EMERGENCY PARACHUTE
THE idea that forms of legal control should not overlap has a considerable history. In the tort of negligence, for example, judges have long been fond of saying that the duty of care should not extend to situations covered by, for example, contract law, procedural law, financial regulation and human rights. Similar issues arise in the tort of nuisance, particularly potential overlaps with environmental regulation, especially planning controls. The problem the idea raises is a difficult one: overlapping liability adds to the complexity of the law and risks public and professional incomprehension; but it can also help to prevent deserving cases slipping through the net by adding an element of what engineers call \"redundancy\".
Journal Article
Peeling back the label-exploring sustainable palm oil ecolabelling and consumption in the United Kingdom
Palm oil production has been linked to deforestation, biodiversity loss, and climate change. We explore consumer awareness of palm oil, perceptions of its environmental impact, recognition of ecolabels including the Roundtable on Sustainable Palm Oil (RSPO) ecolabel, and inclusion or avoidance of ecolabels in household shopping using a representative sample of the British population. We find consumer awareness of palm oil to be fairly high (77%), with 41% of those aware of palm oil perceiving it as 'environmentally unfriendly', more than double the level of any other vegetable oil examined. However, recognition of the RSPO ecolabel is the same as those who 'recognize' a fictitious ecolabel, making recognition indistinguishable from zero. Based on our logistic regression analysis, members of the British population most likely to actively include ecolabelled products in their weekly household shopping are those who are female, from higher socioeconomic groups, spend more than £120 per week on household shopping, and have received a Bachelors degree or higher. Despite clear benefits of environmental certification and ecolabelling, a relatively niche segment of the general population actively includes ecolabelled products in their weekly household shopping. Therefore, we recommend current policies be amended to require companies to source 100% identity preserved certified palm oil that can be traced to the plantation level to avoid having to rely on consumer decisions to enable a shift towards more responsibly-sourced palm oil. Additionally, requiring multinational companies to map and publicly disclose full supply chain information for all global operations, including palm oil suppliers and concessions, could help illuminate and discourage unsustainable practices.
Journal Article
Sustainable Aviation Futures
This volume brings together some of the leading names in global aviation policy research to provide a unique and ground breaking synthesis of current debates on sustainable aviation. Unlike previous edited works, this volume is inter-disciplinary and international in nature, drawing on the work of social scientists, transport specialists, and policy experts working in the domains of academia, direct action, and regulation to inform understandings of the prospects for sustainable aviation. Uniquely, the title explores the context of the challenge and examines both scenarios and coalitions for change.
eBook
CLEARING THE GROUND – NUISANCE, DAMAGE AND JAPANESE KNOTWEED
MR. Williams and Mr. Waistell each own a bungalow in Llwydarth Road, Maesteg. Their properties lie back from the street, abutting the railway line between Garth and Ewenny Road stations. The land beside the track belongs to Network Rail, a nationalised company that owns most of the UK's rail infrastructure. For at least 50 years Japanese knotweed has visibly grown on the railway's land. Japanese knotweed, as all gardeners know, is a menace, suppressing all other growth where it appears. It can also undermine house and garden walls, overwhelm sheds and block drains. It spreads underground through roots, technically \"rhizomes\", and because it can regenerate from small amounts of material, is devilishly difficult to eradicate, requiring several years of chemical treatment or professional deep digging, drying and burning. Japanese knotweed is counted as \"controlled waste\" for the purpose of the Environmental Protection Act 1990, and since 2013 sellers of property must declare whether their land is affected by it and, if it is, provide a professional management plan for its eradication.
Journal Article
FEAR AND LOATHING IN DORSET: NO PUBLIC AUTHORITY DUTY TO PROTECT?
A family in reduced circumstances, consisting of a mother and two children, one severely disabled, moved onto a social housing estate. A group of teenagers, led by a neighbour's children, played rough games of football near the family's house, causing damage to the mother's car. She asked them to stop. They responded with a campaign of abuse, more damage, spitting, indecent exposure and threats of stabbing. The mother successfully persuaded their landlord, a company to which the local authority's housing functions had been outsourced, to evict the neighbour. But that only made matters worse. The neighbour was rehoused close by and the harassment and intimidation continued, including threats of violence, stalking, abuse and \"bricks through windows, pets stolen, rabbits mutilated, grass put on people's windows, tyres cut, tyres slashed\" (C. Hayden and A. Nardone, \"Moving in to Social Housing and the Dynamics of Difference: 'Neighbours from Hell' with Nothing to Lose?\" [2012] Internet Journal of Criminology, at 7). The pressure on the younger child was so great that he attempted suicide. The mother turned constantly to the authorities. The police did little. The landlord facilitated the installation of protective equipment around the house but refused to help the family move. The local authority social services department also failed to help. The mother went to the media. That at least prompted a Home Office investigation, which heavily criticised the police and local authority. The mother and children then brought an action against the local authority, alleging common law negligence. The action was struck out by the Master. The High Court (Slade J.) restored a part of the action relating to the children's claim against the local authority as a social services authority ('CN v Poole Borough Council' [2016] EWHC 569 (QB)). The Court of Appeal (Davis, King and Irwin LL.J.), restored the order of the Master ([2017] EWCA Civ 2185).
Journal Article
The European Central Bank and the German Constitutional Court: Police Patrols and Fire Alarms
In May 2020, a ruling of the German Federal Constitutional Court (FCC) questioned the legality of the Bundesbank’s participation in the European Central Bank’s (ECB’s) Public Sector Purchase Programme. Applying elements of a principal-agent analysis, this article analyses how the FCC ruling presents us with a new understanding of the relationship between the ECB, other EU institutions and Eurozone member states. Existing principal-agent analyses of the ECB focus upon its relations with other EU-level institutions and point to the limited ex ante control mechanisms and efforts to reinforce ex post control mechanisms—notably European Parliament oversight. The FCC ruling and the ECB’s reaction demonstrate the relative importance of national level controls over the ECB agent. This article understands the role of private plaintiffs in Germany as a form of ‘fire alarm’ on ECB policymaking against the background of weak ex post controls at the EU-level.
Journal Article
The politics of bank structural reform: Business power and agenda setting in the United Kingdom, France, and Germany
Following the financial crisis, the United Kingdom introduced major structural reforms to address concern about Too-Big-To-Fail (TBTF) banks, while France and Germany adopted much weaker reforms. This is puzzling given the presence of large universal banks engaged in market making activities in all three countries, which suffered significant losses during the international financial crisis, and given the commitments to reform made by political leaders in all three countries. The paper explains this policy divergence by analysing how dynamics of agenda setting contributed to the emergence of policy windows on structural reform. We explain the United Kingdom's decision to delegate the process to an independent commission as an example of venue shifting which helped to insulate the process from industry framing, and resulted in “conflict expansion” by mobilizing a wider coalition of actors in support of bank ringfencing. By contrast, in France and Germany the agenda was tightly managed through existing institutional venues, enabling industry to resist the framing of the issue around TBTF and limiting the role of non-business groups—a process we label as “conflict contraction.” We argue that analysis of agenda setting dynamics provides new insights into the cross-national variability of business power.
Journal Article
SIX QUESTIONS IN SEARCH OF A TORT: HAS THE SUPREME COURT TRANSFORMED NEGLIGENCE?
A persistent question in the tort of negligence is whether defendants who have breached their duty of care should be held responsible for every aspect of the difference between the claimant's position before and after the breach. The law supposedly offers 'restitutio in integrum' - restoring claimants so far as achievable through money to where they were before the tort - but defendants often succeed in evading responsibility for part or all of the loss by using a variety of arguments or metaphors: \"the chain of causation\" was \"broken\", the loss was \"outside the scope of the duty\" or the \"type of loss\" was \"not reasonably foreseeable\". It is often difficult to disentangle these points from another sort of point, that part of the loss should be discounted because it would have happened anyway, so that awarding damages for it would make the claimant better off than before the breach. The nomenclature used to describe these points is itself contested - are they about \"causation\", legal or factual, or \"remoteness\" or the \"scope of the duty\"?
Journal Article