By Michael Faure, Marjan Peeters
This booklet sheds new gentle at the starting to be factor of utilizing legal responsibility as a device for either combating and compensating for the wear and tear because of weather swap. Michael Faure and Marjan Peeters have introduced jointly a variety of specialist members who discover various either nationwide and eu views at the subject. weather swap legal responsibility is not any longer just a theoretical notion considering that weather swap litigation has turn into so hotly debated and this ebook examines to what quantity it may be used for mitigation and version matters. Chapters speak about the aptitude position of legal responsibility inside of numerous felony platforms, just like the nationwide structures of the united states and The Netherlands, but in addition european and ECHR legislations. legal responsibility is printed in a large standpoint considering not just repayment for harm suffered via plaintiffs is mentioned, but additionally the necessity for prevention that allows you to receive a discount of greenhouse gases. This well-documented paintings can be important to legislation and environmental technological know-how scholars, researchers, legal professionals and civil servants.
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This booklet sheds new mild at the growing to be factor of utilizing legal responsibility as a device for either combating and compensating for the wear brought on by weather switch. Michael Faure and Marjan Peeters have introduced jointly a range of specialist individuals who discover quite a few either nationwide and ecu views at the subject.
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Additional info for Climate Change Liability
14 2. FROM SCIENTIFIC TO LEGAL UNCERTAINTY IN CLIMATE CHANGE LIABILITY These uncertainties not only make the choice of adequate measures within decision-making of concerned stakeholders difficult, but also translate into legal uncertainties when adjudicating climate change consequences in liability claims. 15 However, when looking at the goals of liability, such adjudication would be of relevance in view of two aspects: first, in order to achieve ex post facto law enforcement as recognized in the polluter pays principle16 next to compensation of the numerous victims that are and will be affected by the damaging consequences of climate change.
Whilst in the case of asbestos, mesothelioma and asbestosis are unique diseases that have no other cause other than the substance in question, in most other Toxic Torts exposure to the substance is a major criterion for suffering from the illness, but there might well be others. Thus, the exclusion of the background risk and other interfering factors is a difficult feature that can often be common to Toxic Torts and climate change claims alike. Yet, under the climate change scenario it is not the emissions that directly cause the damage in question but it is emissions which cause global warming, which causes climate change, which leads to an increased likelihood of changed climatic and weatherrelated patterns, be they long-term or intermittent extremes.
Liability for Climate Change, Centrum voor Milieurecht, University of Amsterdam (research project running 2008–2012). See the assessment by Smith, J. and Shearman, D. (2006), Climate Change Litigation – Analysing the Law, Scientific Evidence & Impacts on the Environment, Health & Property, Presidian Legal Publications, 2006, pp. 107ff. A differentiation that is explained by Grossman, D. indd 35 01/03/2011 15:51 36 30. 31. 32. 33. 34. Climate change liability Litigation’, in Osofsky, H. and Burns, W.