Climate Change Liability
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Climate Change Liability

Climate Change Liability

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About the 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.

Table of Contents:
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 Larragán 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 Giedrė Kaminskaitė-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


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Product Details
  • ISBN-13: 9781849802864
  • Publisher: Edward Elgar Publishing Ltd
  • Publisher Imprint: Edward Elgar Publishing Ltd
  • Height: 234 mm
  • No of Pages: 304
  • ISBN-10: 1849802866
  • Publisher Date: 31 Mar 2011
  • Binding: Hardback
  • Language: English
  • Width: 156 mm


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