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.
Rezensionen / Stimmen
'. . . this is a valuable contribution to the ongoing academic and practitioner's debate about using existing laws and regulation to tackle the climate change (and damage) problem, as well as some degree of de lege ferenda or "wishful thinking".' -- Roda Verheyen, Carbon and Climate Law Review 'This book has admirable breadth, and provides a good overview of a great number of relevant and interesting issues.' -- Maria Lee, Journal of Environmental Law 'Climate Change Liability is a recent and most welcome addition to this growing body of literature. . . an easily recommendable book. It includes very informative contributions, interesting suggestions and insightful analysis if essential aspects of litigating climate change claims. Overall, this book adds considerably to the understanding of climate change liability and will prove to be essential reading not only for all practitioners and academics, but also for policymakers, companies and other stakeholders involved in the area.' -- Riccardo Sciaudone, European Energy and Environmental Law Review 'As the first of its kind, the book is a very welcome introduction to the important legal field of climate litigation. Much more is - it is to be hoped - to come. . . Peeters and Faure provide fertile intellectual ground for lawyers, students, judges, civil servants and politicians. The hope is that they build upon the constructive perspectives provided by this book and turn liability into a successful tool for promoting the cause of climate change mitigation.' -- Christina Voigt, Environmental Liability
Reihe
Sprache
Verlagsort
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Maße
Höhe: 234 mm
Breite: 156 mm
ISBN-13
978-1-84980-286-4 (9781849802864)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Edited by Michael Faure, Professor, Maastricht University and Erasmus School of Law, the Netherlands and Chairman of the Flemish High Council of Environmental Enforcement (VHRM), Brussels, Belgium and Marjan Peeters, Professor of Environmental Policy and Law, Maastricht University, the Netherlands
Contents:
PART I: INTRODUCTION
1. Introduction
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 of 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 Gouritin
PART IV: NATIONAL PERSPECTIVES ON CIVIL LIABILITY
7. Climate Change Litigation in the UK: Its Feasibility and Prospects
Giedre Kaminskaite-Salters
8. Liability for Climate Change-Related Damage in Domestic Courts: Claims for Compensation in 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: CONCLUSION
12. Concluding Remarks
Michael Faure and Marjan Peeters
Index
