Climate Change Liability
Michael Faure, Marjan Peeters
Edward Elgar Publishing, Jan 1, 2011 - Science - 304 pages
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
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PART II Crosscutting themes
2 Liability with and liability from the precautionary principle in climate change cases
prevention of climate damage as the primary goal of liability?
PART III European perspective
between solidarity and responsibility
5 The regulatory approach of the EU in view of liability for climate change damage
6 Potential liability of European States under the ECHR for failure to take appropriate measures with a view to adaptation to climate change
its feasibility and prospects
claims for compensation in the USA
9 Civil liability for global warming in the Netherlands
10 Will civil society take climate changers to court? A perspective from Dutch law
an incentive for appropriate adaptation?
PART V Conclusion
12 Concluding remarks
PART IV National perspectives on civil liability
action adaptation measures adaptation to climate adopted allowances American Electric Power apply Article 10 EC Assessment burden sharing carbon causation caused cent Chapter civil claimants climate change damage climate change liability climate change litigation commitments compensation compliance comply context contribute Convention Council defendants Directive Droits de l’Homme Dutch EC law economic Edward Elgar effects emission reduction emissions trading emitters energy environment Environmental Law Environmental Liability EU ETS European Commission European Parliament European Union Européenne des Droits ExxonMobil Faure fossil fuels framework future damage gases global warming greenhouse gas emissions harm hence Human Rights impacts industries International Law IPCC issue Kivalina Kyoto Protocol liability claim Maastricht Maastricht University Member mitigation target Netherlands nuisance parties plaintiffs polluters positive obligations possible potential precautionary principle prevent problem regime regulation regulatory approach relevant Report requirements responsibility risk solidarity storage tion tort Treaty uncertainty victims