Climate Change Liability

Edited by Michael Faure, Professor, Maastricht University and Erasmus School of Law, the Netherlands and Chairman of the Flemish High Council of Environmental Enforcement (VHRM), Brussels, Belgium and Marjan Peeters, Professor of Environmental Policy and Law, Maastricht University, the Netherlands

‘. . . this is a valuable contribution to the ongoing academic and practitioner’s debate about using existing laws and regulation to tackle the climate change (and damage) problem, as well as some degree of de lege ferenda or “wishful thinking”.’

• Contents:PART I: INTRODUCTION1. Introduction Michael Faure and Marjan Peeters PART II: CROSS-CUTTING THEMES2. Liability with and Liability from the Precautionary Principle in Climate Change CasesMiriam Haritz3. High Noon: Prevention of Climate Damage as the Primary Goal of Liability? Jaap SpierPART III: EUROPEAN PERSPECTIVE 4. Liability of Member States and the EU in View of the International Climate Change Framework: Between Solidarity and ResponsibilityJavier de Cendra de Larragán5. The Regulatory Approach of the EU in View of Liability for Climate Change Damage Marjan Peeters6. Potential Liability of European States Under the ECHR for Failure to Take Appropriate Measures with a View on Adaptation to Climate ChangeArmelle GouritinPART IV: NATIONAL PERSPECTIVES ON CIVIL LIABILITY7. Climate Change Litigation in the UK: Its Feasibility and Prospects Giedrė Kaminskaitė-Salters8. Liability for Climate Change-Related Damage in Domestic Courts: Claims for Compensation in the USAElena Kosolapova9. Civil Liability for Global Warming in the Netherlands Chris van Dijk10. Will Civil Society Take Climate Changers to Court? A Perspective from Dutch Law Phon van den Biesen11. Governmental Liability: An Incentive for Appropriate Adaptation? Ben SchuelerPART V: CONCLUSION12. Concluding Remarks Michael Faure and Marjan PeetersIndex