Climate change damage and international law : prevention duties and state responsibility
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
Developments in international law, v. 54, volume 54
1 online resource (vi, 406 pages) : illustrations
9789047427407, 9789004146501, 9047427408, 9004146504
303564290
Abbreviations,
Foreword and Acknowledgements,
Chapter I: Climate Change Damage in International Law
Overview,
Chapter II: Climate Change and Damage
The Problem,
Chapter III: Climate Change Damage in the International Climate Regime,
Chapter IV: Other International Law: Existing Rules and Approaches to Prevent, Minimize or Restore Climate Change Damage,
Chapter V: Establishing State Responsibility for Climate Change Damage,
Chapter VI: The Challenge Ahead: Regulating Climate Change Damage in Future, Literature, Outline, Index
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