Introduction. Introduction. Conclusions : liability for climate damages : synthesis and future prospects. Liability for climate damages, sustainability and environmental justice -- Climate damages and the 'polluter pays' principle -- The role of courts in climate protection and the separation of powers -- Climate change and duties to protect with regard to fundamental rights -- Arbitration proceedings -- Conflicts of jurisdiction and the applicable law in domestic courts' proceedings -- Environmental liability in international law -- The international law and policy implications of climate change litigation : sustainable developments in international investment law and policy related to renewable energy, climate change mitigation and adaptation -- The Paris Climate Agreement and liability issues -- Liability of EU member states under EU law -- Climate change litigation in the United States -- Climate change litigation in Canada -- Climate change litigation in Brazil -- Climate change litigation in Australia -- Climate change litigation in the United Kingdom -- Climate change litigation in Italy -- Climate change litigation in France -- Climate change litigation in the Netherlands : the Urgenda case and beyond -- Climate change litigation in Germany -- Liability for climate damages under the German law of torts -- Liability for climate change damages under the German Environmental Liability Act -- Climate protection and compliance in German corporate law -- Investor-led action for climate and business sustainability -- Liability for climate damages under the Environmental Damage Act -- The role of non-governmental organizations for climate change litigation -- Conclusions : liability for climate damages : synthesis and future prospects.
Summary:
Climate Change Litigation investigates and discusses the respective issues arising in the current discourse on climate protection from different legal perspectives (including International law, European law and national public and civil law). In particular, it addresses the issue of "climate protection by courts". It gives an overview about important jurisdictions in the field of climate change litigation, including inter alia the US, Canada, Australia, UK, France, the Netherlands, Italy, Brazil and Germany. The ever greater, more wide-spread, and more violent effects of climate change in recent history have brought forth an unprecedented rise in societal discourse in the field of climate change. Naturally, this discourse is portrayed with its concomitant effects in court: The lawsuits initiated by human rights organisations against large corporations (e.g. against the energy giant RWE before German courts) and states (e.g. against the Netherlands) have attracted significant media attention especially. As a result, climate change litigation is in the course of establishing itself into an independent branch of environmental law and international law which is most likely to be one of the major legal markets of the future. Building upon this, Climate Change Litigation aims to pave the way for research in the field of climate change litigation, which up to this point has surprisingly remained untrodden ground in Germany or Europe. Published as a handbook, this text provides answers and ideas both to scholars and practitioners in this legal field. Furthermore, it is guaranteed to provide an overview of the latest news in cases and progress in the field of climate change litigation. -- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.