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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Contents
Climate Change Damage in International Law Overview | 1 |
Introduction | 11 |
Establishing State Responsibility for Climate Change Damage | 225 |
The Challenge Ahead Regulating Climate Change Damage | 333 |
compensation | 348 |
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Common terms and phrases
adaptation measures Aitutaki analysis Annex anthropogenic climate change applied approach areas argued Article 2 FCCC Articles 4.3 assessment atmosphere Australia basis behaviour Bhutan breach causation causation in fact caused Chapter claim climate change damage climate regime climate system coastal compensation concept context contribution Convention Cook Islands costs court customary international law DASR developing countries discussed due diligence duty effect environment environmental damage established example extreme weather events FCCC fund gases glaciers global warming greenhouse gas emissions harm rule ICJ Rep ILC 53rd session impacts of climate implementation increased injury IPCC issue of climate Kyoto Protocol mate change mitigation natural Nauru negotiations Nepal no-harm rule norm obligation Parties pollution precautionary principle primary rules protection reduce regional reparation Report ILC 53rd responsibility result RIAA risk scientific sea level rise specific targets temperature theory tion tort transboundary treaty UNCLOS vulnerability wrongful act Yearbook ILC