Climate Change Liability

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Michael Faure, Marjan Peeters
Edward Elgar Publishing, Jan 1, 2011 - Science - 304 pages
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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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Contents

1 Introduction
3
PART II Crosscutting themes
13
2 Liability with and liability from the precautionary principle in climate change cases
15
prevention of climate damage as the primary goal of liability?
47
PART III European perspective
53
between solidarity and responsibility
55
5 The regulatory approach of the EU in view of liability for climate change damage
90
6 Potential liability of European States under the ECHR for failure to take appropriate measures with a view to adaptation to climate change
134
its feasibility and prospects
165
claims for compensation in the USA
189
9 Civil liability for global warming in the Netherlands
206
10 Will civil society take climate changers to court? A perspective from Dutch law
227
an incentive for appropriate adaptation?
237
PART V Conclusion
253
12 Concluding remarks
255
Index
275

PART IV National perspectives on civil liability
163

Common terms and phrases

About the author (2011)

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

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