M.A. Loth

Tilburg University - Private Law Department

Tilburg, 5000 LE

Netherlands

SCHOLARLY PAPERS

7

DOWNLOADS

295

SSRN CITATIONS

0

CROSSREF CITATIONS

0

Scholarly Papers (7)

1.

The Civil Judge As Risk Regulator

Forthcoming, European Journal of Risk Regulation, Tilburg Private Law Working Paper Series No. 01/2018 , Tilburg Law School Research Paper No. 06/2018
Number of pages: 14 Posted: 06 Mar 2018
Tilburg University - Private Law Department and Tilburg University
Downloads 66 (349,884)

Abstract:

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Urgenda, civil law, courts, climate change, risk regulation

2.

Corrective and Distributive Justice in Tort Law: On the Restoration of Autonomy and a Minimal Level of Protection of the Victim

The Maastricht Journal of European and Comparative Law 2015 22/6, p. 788 –811, Tilburg Private Law Working Paper Series No. 4/2018
Number of pages: 22 Posted: 20 Mar 2018
M.A. Loth
Tilburg University - Private Law Department
Downloads 61 (367,361)

Abstract:

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liability, justice, autonomy, capabilities, protection

3.

Who Has the Last Word? On Judicial Lawmaking in European Private Law

European Review of Private Law, 2017, 45 - 70, Tilburg Private Law Working Paper Series No. 3/2018
Number of pages: 21 Posted: 20 Mar 2018
M.A. Loth
Tilburg University - Private Law Department
Downloads 60 (367,361)

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Judicial lawmaking, European Law, Private Law

4.

Too Big to Trial? Lessons from the Urgenda Case

Forthcoming in Uniform Law Review, Tilburg Private Law Working Paper No. 02/2018
Number of pages: 16 Posted: 06 Mar 2018
M.A. Loth
Tilburg University - Private Law Department
Downloads 57 (376,651)

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Urgenda, Civil Procedure, Climate Change

5.

Is Tort Law a Remedy for Historical Injustice? On Post-Colonial Redress, Slavery Reparations, and the Legitimations of Tort Law

Number of pages: 21 Posted: 09 Dec 2019
M.A. Loth
Tilburg University - Private Law Department
Downloads 26 (502,396)

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Historical Injustice, Reparation Claims, Tort Law

6.

Climate Change Liability after All: A Dutch Landmark Case

Tilburg Law Review: Journal on International and Comparative Law, 2016, Tilburg Private Law Working Paper Series No. 5/2018
Number of pages: 22 Posted: 20 Mar 2018
M.A. Loth
Tilburg University - Private Law Department
Downloads 15 (567,675)

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Climate change liability, Urgenda c.s. v. the State of the Netherlands, UN Climate Treaty, articles 2 and 8 European Convention of Human Rights (ECHR), duty of care, causation, separation of powers, injunction to reduce GHG

7.

Repairing the Engine of Cassation: Form and Function of the Adjudication of the Hoge Raad and Its Parket

Tilburg Private Law Working Paper Series No. 6/2018
Number of pages: 17 Posted: 25 Mar 2018
M.A. Loth
Tilburg University - Private Law Department
Downloads 10 (600,005)

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Cassation, Hoge Raad, Dutch Legal System, Law Development, Legal Protection, Legal Uniformity