Private enforcement of environmentally sustainable conduct

There is a broad consensus on the importance of a sustainable environment. To preserve and promote a sustainable environment, it is necessary to have sufficient enforcement of environmentally sustainable conduct. Public enforcement – as the traditional guardian of this sustainable conduct – has different, often intrinsic flaws and limits, which include budgetary constraints. Therefore, private enforcement through liability law sensu lato constitutes a necessary addition. This private enforcement is however underused. Private liability law traditionally focuses on providing compensation for existing damage. As a result, it often offers no possibility to prevent or terminate environmental damage. Even where such a possibility exists, it is clouded in legal uncertainty, which drastically impedes its effective use as a preventive mechanism. This research will examine the interaction between public and private enforcement (i), describe the current possibilities of environmental private enforcement in four legal systems (ii), evaluate these frameworks as to whether they ensure a ‘well-functioning’ private enforcement of environmentally sustainable conduct (iii) and normatively consider the general requirements of a well-functioning environmental private enforcement regime (iv).