Litigation Finance in Environmental Disputes

Author: Mauritius Nagelmueller
Publisher: Kluwer Law International
ISBN: 9789403520490
Published In: September 2025
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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.

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