Climate Change Damage And International Law: Prevention Duties And State ResponsibilityMartinus Nijhoff Publishers, 2005 M01 1 - 406 pages This book is the first comprehensive assessment of the legal duties of states with regard to human induced climate change damage. By discussing the current state of climate science in the context of binding international law, it convincingly argues that compensation for such damage could indeed be recoverable. The author analyses legal duties requiring states to prevent climate change damage, and discusses to what extent a breach of these duties will give rise to state responsibility (international liability). The analysis includes the UN Framework Convention on Climate Change and the Kyoto Protocol, but also various nature/ biodiversity protection and law of the sea instruments, as well as the no-harm-rule as a key provision of customary international law. The challenge in applying the different aspects of the law on state responsibility, including causation and standard of proof, are discussed in three case studies, and the questions raised by multiple polluters explored in depth. Against this background, the author advocates an internationally negotiated solution to the issue of climate change damage. |
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... International Law: Existing Rules and Approaches to Prevent, Minimize or Restore Climate Change Damage I. Scope of this Chapter 137 II. Excurse: Exclusive application of “Climate Change law” to Climate Change Damage? 138 III. Customary ...
... International Law: Existing Rules and Approaches to Prevent, Minimize or Restore Climate Change Damage I. Scope of this Chapter 137 II. Excurse: Exclusive application of “Climate Change law” to Climate Change Damage? 138 III. Customary ...
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Contents
Climate Change Damage in International Law Overview | 1 |
Climate Change and Damage The Problem | 11 |
Climate Change Damage in the International Climate Regime | 43 |
Protocol the Practice for Developing Countries | 120 |
Other International Law Existing Rules and Approaches | 137 |
Establishing State Responsibility for Climate Change Damage | 225 |
legal consequences for climate change damage | 234 |
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Common terms and phrases
action activities adaptation adopted already analysis Annex anthropogenic applied approach areas argued Article assessment atmosphere basis breach causation caused Chapter claim climate change damage commitments compensation concept consequences contained context contributions Convention costs court dangerous decision defined determine developing countries discussed duty economic effects emissions environment environmental established example existing fact FCCC fund further future gases global greenhouse gas harm human impacts impacts of climate implementation important increased injury international law IPCC island issue Kyoto Protocol lead liability loss means measures mitigation models natural negotiations objective obligations occur operation particular Parties pollution possible prevent primary principle problem protection question reduce refers regard regime regional Report responsibility result risk rule scientific sea level rise session share specific standard studies taken temperature term tort treaty vulnerability warming World wrongful