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Climate Change Liability

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
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.
Extent: 304 pp
Hardback Price: £95.00 Web: £85.50
Publication Date: 2011
ISBN: 978 1 84980 286 4
Availability: In Stock
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  • Environment
  • Climate Change
  • Environmental Law
  • Law - Academic
  • Energy Law
  • Environmental Law
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.
‘. . . this is a valuable contribution to the ongoing academic and practitioner’s debate about using existing laws and regulation to tackle the climate change (and damage) problem, as well as some degree of de lege ferenda or “wishful thinking”.’
– Roda Verheyen, Carbon and Climate Law Review

‘This book has admirable breadth, and provides a good overview of a great number of relevant and interesting issues.’
– Maria Lee, Journal of Environmental Law

‘Climate Change Liability is a recent and most welcome addition to this growing body of literature. . . an easily recommendable book. It includes very informative contributions, interesting suggestions and insightful analysis if essential aspects of litigating climate change claims. Overall, this book adds considerably to the understanding of climate change liability and will prove to be essential reading not only for all practitioners and academics, but also for policymakers, companies and other stakeholders involved in the area.’
– Riccardo Sciaudone, European Energy and Environmental Law Review

‘As the first of its kind, the book is a very welcome introduction to the important legal field of climate litigation. Much more is – it is to be hoped – to come. . . Peeters and Faure provide fertile intellectual ground for lawyers, students, judges, civil servants and politicians. The hope is that they build upon the constructive perspectives provided by this book and turn liability into a successful tool for promoting the cause of climate change mitigation.’
– Christina Voigt, Environmental Liability

‘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 alternative forms of litigation, such as actions in the ECHR to remedy inadequate adaptation measures and public law actions to force governments to adopt mitigation measures.’
– Daniel Farber, University of California, US

‘As climate change negotiations slow down despite the growing scientific evidence, there is room for a new approach to the problem – climate liability. This thoroughly researched timely book discusses the different aspects of liability and will hopefully push governments to take action!’
– Joyeeta Gupta, Vrije Universiteit Amsterdam, the Netherlands

‘Since the 2009 Copenhagen Climate Change conference, international efforts to stop global warming are in disarray, making the need for innovative approaches all the more urgent. This book explores the utility of litigation as an alternative to conventional measures in the battle against climate change. While acknowledging the difficulties that attempting to impose liability can pose, it suggests and assesses solutions to meet these challenges, thus paving the way for taking the fight against global warming to the court room.’
– René Lefeber, University of Amsterdam, the Netherlands
Contributors: J. de Cendra de Larragán, M. Faure, A. Gouritin, M. Haritz, G. Kaminskaitė-Salters, E. Kosolapova, M. Peeters, B. Schueler, J. Spier, P. van den Biesen, C. van Dijk
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