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Persistent link: https://www.econbiz.de/10003741338
Litigation raising climate change issues has increased in the number and types of cases and the countries and jurisdictions in which the litigation has been brought. This article briefly maps this climate change litigation. In some places, the territory is well charted but in other places these...
Persistent link: https://www.econbiz.de/10012869013
areas that pose emerging, and incompletely understood, health and safety risks, common law tort liability holds out the … dynamic, information-forcing role for common law tort liability in the realm of climate change litigation. In this model …
Persistent link: https://www.econbiz.de/10013289199
Climate change is an urgent environmental problem yet many governments have struggled to develop an effective national regulatory response. Instead, environmental advocates have turned increasingly to courts for a solution, mounting ambitious climate change cases in countries such as Australia...
Persistent link: https://www.econbiz.de/10014169616
Given the urgent need to dramatically reduce greenhouse gas emissions, and concern regarding insufficient climate action and ambition across the globe, NGOs and individuals are increasingly turning to the courts to force States, public authorities, and private entities to increase their climate...
Persistent link: https://www.econbiz.de/10012795452
A review of climate change regulation reveals three historical ages: the age of responsibility, the age of cost-effectiveness, and the age of litigation. The age of responsibility refers to the “common but differentiated responsibility” (CBDR) principle characterized by political...
Persistent link: https://www.econbiz.de/10012978477
The present paper focuses on the emerging human rights-based climate change litigation legal movement and proposes an ECHR law-based litigation route that can be used, along with European and national constitutional law arguments, in national courts of states that participate in the ECHR system,...
Persistent link: https://www.econbiz.de/10013225875
Persistent link: https://www.econbiz.de/10009130281
Given the urgent need to dramatically reduce greenhouse gas emissions, and concern regarding insufficient climate action and ambition across the globe, NGOs and individuals are increasingly turning to the courts to force States, public authorities, and private entities to increase their climate...
Persistent link: https://www.econbiz.de/10013312155
In response to the growing threat of climate change, the insurance industry has made significant investments in modelling and quantifying physical climate risks. However, the emerging risk of climate litigation has proven particularly difficult to model. In 2015 Mark Carney, then-Governor of the...
Persistent link: https://www.econbiz.de/10014353054