Michael Faure, Marjan Peeters's Climate Change Liability PDF

By Michael Faure, Marjan Peeters

ISBN-10: 1849806020

ISBN-13: 9781849806022

This ebook sheds new mild at the becoming factor of utilizing legal responsibility as a device for either combating and compensating for the wear and tear as a result of weather switch. Michael Faure and Marjan Peeters have introduced jointly a range of professional individuals who discover numerous either nationwide and eu views at the subject. weather switch legal responsibility is not any longer just a theoretical suggestion on the grounds that weather swap litigation has turn into so hotly debated and this publication examines to what quantity it may be used for mitigation and edition matters. Chapters speak about the capability position of legal responsibility inside of numerous criminal structures, just like the nationwide structures of the us and The Netherlands, but in addition ecu and ECHR legislations. legal responsibility is printed in a large viewpoint considering that not just repayment for harm suffered via plaintiffs is mentioned, but in addition the necessity for prevention with a purpose to receive a discount of greenhouse gases. This well-documented paintings may be worthwhile to legislations and environmental technology scholars, researchers, attorneys and civil servants.

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Virtually certain >99% extremely likely >95%; very likely >90%; likely >66%; more likely than not > 50%; about as likely as not 33% to 66%; unlikely <33%; very unlikely <10%; extremely unlikely <5%; exceptionally unlikely <1%. See the explanation as to the overall treatment of uncertainty in IPCC, Climate Change 2007: Synthesis Report – An Assessment of the Intergovernmental Panel on Climate Change, adopted at IPCC Plenary XXVII, Valencia, Spain, 12–17 November 2007, p. 27. Schneider, S. ’, Climatic Change, Vol.

37 Analysis: Lessons Learned from global warming’, in Tickner, J. ), Precaution, Environmental Science, and Preventive Public Policy, Island Press, pp. 141–155 [142]. See for a detailed comparison of these practical inconsistencies the case studies on the precautionary principle’s application in Zander, J. (2009), ‘Different Kinds of Precaution. A Comparative Analysis of the Application of the Precautionary Principle in Five Different Legal Orders’, Doctoral Dissertation defended 17 April 2009, Maastricht University.

The precautionary principle has been termed a ‘higher-order legal principle’55 that requires decision-makers to consider all possible alternatives as well as all involved uncertainties resulting from an activity in question, in particular in view of inter- and intra-generational equity and justice contemplations. 56 In turn, it is only when applied in the context of liability law that the precautionary principle can fully attain its true objective, namely to avoid uncertain risks manifesting themselves in damage, however uncertain.

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Climate Change Liability by Michael Faure, Marjan Peeters

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