Douglas A. Kysar - Böcker

The Oxford Handbook of Climate Change and Private Law offers a comprehensive scholarly assessment of the impacts of climate change for private law. It brings together a team of world-leading experts to examine the interface between private law and climate change, including how existing private law can respond to climate change and whether private law itself might be impacted by climate change. This Handbook joins theory and practice through jurisdictional case studies from the EU, Africa, the U.S., China, and more. It also includes an analysis of emerging issues from artificial intelligence to the horizontal effect of human rights. This authoritative analysis charts the path toward a new private law, one capable of stewarding and sustaining human relationships within, and with, a world in transition.

Drawing insight from a diverse array of sources — including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies — Douglas Kysar offers a new theoretical basis for understanding environmental law and policy. He exposes a critical flaw in the dominant policy paradigm of risk assessment and cost-benefit analysis, which asks policymakers to, in essence, “regulate from nowhere.” As Kysar shows, such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which concern how we relate to future generations, foreign nations, and other forms of life. Indeed, world governments struggle to address climate change and other pressing environmental issues in large part because dominant methods of policy analysis obscure the central reasons for acting to ensure environmental sustainability. To compensate for these shortcomings, Kysar first offers a novel defense of the precautionary principle and other commonly misunderstood features of environmental law and policy. He then concludes by advocating a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury we can afford.

This is the first scholarly examination of climate change litigation in the Asia Pacific region. Bringing legal academics and lawyers from the Global South and Global North together, this book provides rich insights into how litigation can galvanize climate action in countries including Pakistan, Indonesia, Malaysia and China. Written in clear and accessible language, the fourteen chapters in this book shed light on the important question of how litigation may unfold as a potential regulatory pathway towards decarbonization in the world's most populous region.

This is the first scholarly examination of climate change litigation in the Asia Pacific region. Bringing legal academics and lawyers from the Global South and Global North together, this book provides rich insights into how litigation can galvanize climate action in countries including Pakistan, Indonesia, Malaysia and China. Written in clear and accessible language, the fourteen chapters in this book shed light on the important question of how litigation may unfold as a potential regulatory pathway towards decarbonization in the world's most populous region.