By Michael Faure, Marjan Peeters
This ebook sheds new gentle at the growing to be factor of utilizing legal responsibility as a device for either combating and compensating for the wear as a result of weather swap. Michael Faure and Marjan Peeters have introduced jointly a variety of specialist members who discover quite a few either nationwide and eu views at the subject. weather switch legal responsibility isn't any longer just a theoretical inspiration considering weather swap litigation has turn into so hotly debated and this booklet examines to what volume it may be used for mitigation and version matters. Chapters speak about the aptitude position of legal responsibility inside quite a few felony structures, just like the nationwide platforms of the united states and The Netherlands, but additionally european and ECHR legislation. legal responsibility is printed in a wide viewpoint due to the fact not just repayment for harm suffered by way of plaintiffs is mentioned, but additionally the necessity for prevention to be able to receive a discount of greenhouse gases. This well-documented paintings can be necessary to legislations and environmental technology scholars, researchers, attorneys and civil servants.
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Additional resources for Climate Change Liability
Rouhette, T. and Derycke, C. (2004), ‘The Precautionary Principle and Product Liability in France’, European Product Liability Review, Issue 17, December 2004, pp. 22ff. See for example the dossier in ‘Rendre opérationnel le principe de précaution dans l’entreprise’, in Revue de la Société de l’Électricité, de l’Électronique et des Technologies de l’Information et de la Communication, REE, No. 11, December 2003, pp. 19–53. Rauch, E. (2007), ‘Effects of Climate Change on the Insurance Industry’, SELJ, Vol.
29 Subsequently, another legal uncertainty arises when distributing causal responsibility in view of multiple actors, be it in following individual liability, joint and several liability or proportional liability. In addition, defining the temporal and remedial extension of liability, namely the consideration of retroactivity and ex post liability in relation to the available remedies such as damages and/or injunctions to reduce emissions in view of both present and future damage that has not yet become apparent are difficult questions that arise in that context.
22. 23. 24. 25. 26. 27. 28. 29. 35 Farber, D. (2003), Probabilities Behaving Badly: Complexity Theory and the Environmental Uncertainty, University of California, Davis Law Review, Vol. 37, pp. 145–173 ; An illustrative differentiation of the most relevant uncertainty factors can be found in Wibisana, A. (2008), ‘Law and Economics Analysis of the Precautionary Principle’, Doctoral Dissertation defended 25 April 2008, Maastricht University, Universitaire Pers Maastricht, p. 360. Faulk, R. and Gray, J.