Linking Property Rights to Climate Change Mitigation: A Risk of Over-regulation?
Rezumat
Abstract: In the last decade a more pronounced state interventionism is reported in property law, contract law and other areas. It is certain that traditional legal institutions will be redefined to some extent and that the autonomy of legal subjects will be restricted in the public interest. This applies in particular to the way in which certain subjective property rights are exercised. The fight to prevent pollution and to mitigate its consequences should be a responsibility for all the inhabitants of a country, as is the right to a healthy environment, expressed in its universal nature. Traditionally, environmental law has been the instrument employed to lay down the requirements and the limits of the right to private property for environmental protection. The collision between private property owners and the objective of sustainable development seems to be the central point of the fair transition. Current trends point to greater state intervention and an increasingly restrictive approach to the exercise of subjective private rights. This position is also reflected in the role of the courts in the transformation of property rights. The paper concludes that the view that the right to property can be limited for the protection of the most important interests of the society prevails in contemporary European legal theory and jurisprudence. One of the reasons for introducing restrictions and for establishing a special legal regime lies in the potential problems caused by climate change.
Keywords: property rights, climate change, state interventionism
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