Climate Change Liability And Beyond
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Climate Change Liability And Beyond
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Author : Jiunn-rong Yeh、Sandrine Maljean-Dubois、Yann Kerbrat等 著
language : en
Publisher: 國立臺灣大學出版中心
Release Date : 2017-01-18
Climate Change Liability And Beyond written by Jiunn-rong Yeh、Sandrine Maljean-Dubois、Yann Kerbrat等 著 and has been published by 國立臺灣大學出版中心 this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-18 with Law categories.
Climate change and its adverse impacts on nature and human society are clearly felt. Who should bear the responsibility? Should anyone be held liable for grave losses and damages related to climate change? In what way and to what extent can these issues be addressed in legal mechanisms both globally and locally? Will an international liability regime an ultimate solution? Are courts ready for and capable of resolving these disputes that find intricacy of law, policy and science? To shed light on these issues, this book is structured with four main themes on the discussions of climate change liability and related mechanisms. They are: 1) state liability and responsibility, 2) climate change litigation, 3) climate change liability and alternatives, and 4) dispute resolution and remedies. Reflections on the concepts of liability/responsibly/accountability have provided for nuanced understandings of their functional dynamics in climate change governance. Our findings also suggest that International and domestic courts have become a vital player in attribution or distribution of climate change liability. In addition to formalistic rights discourse and rigid liability regime, a few alternatives such as carbon market, insurance, mediation or soft law are also finding their ways to ensuring sustainability of climate change governance.
Comparative Climate Change Litigation Beyond The Usual Suspects
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Author : Francesco Sindico
language : en
Publisher: Springer Nature
Release Date : 2021-01-21
Comparative Climate Change Litigation Beyond The Usual Suspects written by Francesco Sindico and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-21 with Law categories.
This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.
Climate Change Liability
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Author : Richard Lord
language : en
Publisher: Cambridge University Press
Release Date : 2011
Climate Change Liability written by Richard Lord and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
"As frustration mounts in some quarters at the perceived inadequacy or speed of international action on climate change, and as the likelihood of significant impacts grows, the focus is increasingly turning to liability for climate change damage. Actual or potential climate change liability implicates a growing range of actors, including governments, industry, businesses, non-governmental organisations, individuals and legal practitioners. Climate Change Liability provides an objective, rigorous and accessible overview of the existing law and the direction it might take in seventeen developed and developing countries and the European Union. In some jurisdictions, the applicable law is less developed and less the subject of current debate. In others, actions for various kinds of climate change liability have already been brought, including high profile cases such as Massachusetts v. EPA in the United States. Each chapter explores the potential for and barriers to climate change liability in private and public law"--
Climate Change Liability
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Author : Michael Faure
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Climate Change Liability written by Michael Faure and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Science categories.
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 changelitigation 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 isdiscussed, but also the need for prevention in order to obtain a reduction of greenhouse gases.
Climate Change Liability
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Author : Michael Faure
language : en
Publisher:
Release Date : 2011
Climate Change Liability written by Michael Faure and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Climatic changes categories.
Examines 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.
An Inconvenient Deliberation
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Author : Miriam Haritz
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
An Inconvenient Deliberation written by Miriam Haritz and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
"This vitally important book asks: Can the precautionary principle make uncertainty judiciable in the context of liability for the consequences of climate change, and, if so, to what extent? Drawing on the full range of pertinent existing literature and case law, the author examines the precautionary principle both in terms of its content and application and in the context of liability law. She analyses the indirect means offered by existing legislation being used by environmental groups and affected individuals before the courts to challenge both companies and regulators as responsible agents of climate change damage"--Page 4 of cover.
Climate Change Responsibility And Liability
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Author : Eva Schulev-Steindl
language : en
Publisher:
Release Date : 2022-06-29
Climate Change Responsibility And Liability written by Eva Schulev-Steindl and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-29 with categories.
Investment Treaty Law And Climate Change
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Author : Tomás Restrepo Rodríguez
language : en
Publisher: Springer Nature
Release Date : 2023-01-01
Investment Treaty Law And Climate Change written by Tomás Restrepo Rodríguez and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-01 with Law categories.
The book deals with the question whether the investment treaty law system could be harmonized with the climate change international legal framework and the climate interest that lies beyond. The answer to this research question is divided into three parts. The first examines the relevance of the climate change international legal framework in investment treaty disputes as a natural pre(logical)interpretative stage. The second focuses on the BIT’s content-interpretation, which is the orthodox approach to solve the fragmentation between the system of investment treaty law and the system of international climate change law. Finally, the third part tackles this fragmentation through a heterodox approach that is grounded in the direct application of climate change principles through law ascertainment. Apart from concluding that harmonization between investment treaty law and international climate change law is possible through the orthodox approach to the expropriation and the FET standards, as well as through the direct application of the climate change precautionary principle and the CBDRRC principle − heterodox approach, the book suggests that tribunals are expected soon to openly address climate change disputes in their rulings.
Climate Engineering And The Law
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Author : Michael B. Gerrard
language : en
Publisher: Cambridge University Press
Release Date : 2018-04-12
Climate Engineering And The Law written by Michael B. Gerrard and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-12 with Law categories.
The first book to focus on the legal aspects of climate engineering, making recommendations for future laws and governance.
Liability For Environmental Harm To The Global Commons
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Author : Neil Craik
language : en
Publisher: Cambridge University Press
Release Date : 2023-08-31
Liability For Environmental Harm To The Global Commons written by Neil Craik and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-31 with Law categories.
A full examination of global legal rules governing liability for environmental harm in areas beyond the national jurisdiction of states.