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This is the introduction to an edited volume on climate change liability. The introduction sketches the reasons for … writing a book on climate change liability as well as the problem definition, methodology and structure of the book. The … concluding remarks show that from the contributions in the book it is clear that climate change liability may have potential, but …
Persistent link: https://www.econbiz.de/10014163434
‘…the possibility of damages for those whose interests Urgenda represents, including current and future generations of Dutch nationals, is so great and concrete that given its duty of care, the state must make an adequate contribution, greater than its current contribution, to prevent...
Persistent link: https://www.econbiz.de/10013225312
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
This paper studies environmental liability from the perspective of Private International Law (jurisdiction and choice …
Persistent link: https://www.econbiz.de/10012990669
Persistent link: https://www.econbiz.de/10009127933
Switzerland has undertaken a commitment to reduce its greenhouse gas (GHG) emissions by 50 per cent by 2030 compared to 1990 levels under the Paris Agreement on Climate Change. Throughout 2020 and 2021, the Swiss Federal Government and civil society were working towards achieving this target...
Persistent link: https://www.econbiz.de/10013295510
Given the high levels of greenhouse gases already in the atmosphere and the likelihood of growing emissions in the future, even aggressive limits on greenhouse gas emissions might ultimately fail to prevent dangerous climate disruptions. To prepare for this risk, some scientists have started to...
Persistent link: https://www.econbiz.de/10014186348
, possibly leading to civil and even criminal liability.It now seems clear that criminal liability for the harm caused by a … article examines one particular aspect of the emerging development: the potential criminal liability of the vessel owner or … that the owner's or operator's criminal liability may be based on either vicarious liability for the criminal acts of a …
Persistent link: https://www.econbiz.de/10013113390
In the United States insurance is regulated both by state insurance commissions and class action litigation. The interaction of these two systems has not been extensively studied. We examine four different facets of the regulation litigation tradeoff. The first is to examine whether a...
Persistent link: https://www.econbiz.de/10013151431
energy. An important component of such a framework is a nuclear liability regime. In this article, the Chinese compensation … and its existing nuclear energy regulatory framework. Part III discusses the legislative framework for liability and the … effectiveness of two government documents. Part IV discusses in more details the rules regarding nuclear liability in China. Part V …
Persistent link: https://www.econbiz.de/10014155112