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Litigation Finance in Environmental Disputes


ISBN13: 9789403520490
To be Published: September 2025
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £148.00



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 me
  • ans 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.

Subjects:
Environmental Law
Contents:
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