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Climate Change Liability

Edited By: Michael Faure and Marjan Peeters

Edward Elgar

Hardback | Mar 2011 | #190984 | ISBN-13: 9781849802864
Availability: Usually dispatched within 5 days Details
NHBS Price: £75.00 $98/€85 approx

About this book

This book sheds new light on the growing issue of using liability as a tool for both preventing and compensating for the damage caused by climate change. Michael Faure and Marjan Peeters have brought together a selection of expert contributors who explore a variety of both national and European perspectives on the topic. Climate change liability is no longer only a theoretical idea since climate change litigation has become so hotly debated and this book examines to what extent it can be used for mitigation and adaptation issues. Chapters discuss the potential role of liability within various legal systems, like the national systems of the USA and The Netherlands, but also EU and ECHR law. Liability is outlined in a broad perspective since not only compensation for damage suffered by plaintiffs is discussed, but also the need for prevention in order to obtain a reduction of greenhouse gases. This well-documented work will be invaluable to law and environmental science students, researchers, lawyers and civil servants.

'Climate Change Liability provides an illuminating comparative perspective on the role of the courts in this critical area. The book probes a critical yet constructive analysis of theories of tort liability. Beyond tort law, the book insightfully explores alternative forms of litigation, such as actions in the ECHR to remedy inadequate adaptation measures and public law actions to force governments to adopt mitigation measures.' - Daniel Farber, University of California, US 'As climate change negotiations slow down despite the growing scientific evidence, there is room for a new approach to the problem - climate liability. This thoroughly researched timely book discusses the different aspects of liability and will hopefully push governments to take action!' - Joyeeta Gupta, Vrije Universiteit Amsterdam, the Netherlands 'Since the 2009 Copenhagen Climate Change conference, international efforts to stop global warming are in disarray, making the need for innovative approaches all the more urgent. This book explores the utility of litigation as an alternative to conventional measures in the battle against climate change. While acknowledging the difficulties that attempting to impose liability can pose, it suggests and assesses solutions to meet these challenges, thus paving the way for taking the fight against global warming to the court room.' - Rene Lefeber, University of Amsterdam, the Netherlands


Contents: Introduction PART I 1. Introduction to the Book Michael Faure and Marjan Peeters PART II: CROSS-CUTTING THEMES 2. Liability with and Liability from the Precautionary Principle in Climate Change Cases Miriam Haritz 3. High Noon: Prevention of Climate Damage as the Primary Goal of Liability? Jaap Spier PART III: EUROPEAN PERSPECTIVE 4. Liability of Member States and the EU in View of the International Climate Change Framework: Between Solidarity and Responsibility Javier de Cendra de Larragan 5. The Regulatory Approach in the EU in View of Liability for Climate Change Damage Marjan Peeters 6. Potential Liability of European States Under the ECHR for Failure to Take Appropriate Measures with a View on Adaptation to Climate Change Armelle Gourtin PART IV: NATIONAL PERSPECTIVES ON CIVIL LIABILITY 7. Climate Change Litigation in the UK: Its Feasibility and Prospects Giedre Kaminskaite 8. Liability for Climate Change-Related Damage in Domestic Courts: Claims for Compensation Within the USA Elena Kosolapova 9. Civil Liability for Global Warming in The Netherlands Chris van Dijk 10. Will Civil Society Take Climate Changers to Court? A Perspective from Dutch Law Phon Van den Biesen 11. Governmental Liability: An Incentive for Appropriate Adaptation? Ben Schueler PART V 12. Concluding Remarks Michael Faure and Marjan Peeters

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