Morten Broberg – författare

This book is structured to reflect the different questions that may arise in connection with a preliminary reference. It explains who can make a reference, what questions can be referred, and when can, when should, and when must a reference be made. Thereupon the book provides detailed guidance on the form and contents of the actual reference as well as the procedure, both before the referring court and the European Court of Justice. Finally, the preliminary ruling and its effects are explained together with the questions of cost and legal aid.Now in its third edition, this book has proved to be of considerable value to the legal practitioner faced with the subtleties of a preliminary reference - be it as judge or advocate. However, it is much more than an advance practitioners' guide. With backgrounds as both practitioners and academics, the two authors have produced a book that also caters for the needs of academics. The practical guidance is thus supplemented by the critical analysis of the Court of Justice's practice. This fully updated and revised edition of Broberg and Fenger on Preliminary References to the European Court of Justice provides a meticulous, yet easily accessible examination of all aspects of the preliminary reference procedure.

During the negotiations in 2015 that led to the adoption of the Paris Agreement, one of the most contentious issues was the introduction of a dedicated provision in Article 8 on what is known as ‘loss and damage’. The adoption of this new article, however, left many questions unanswered. What is the distinction between ‘loss and damage’, and ‘adaptation’? What are the legal implications of the inclusion of loss and damage as an article in a legal treaty? How can financial assistance and compensation best be channelled to victims of climate change loss and damage? What gaps remain in the loss and damage governance system? The Third Pillar of International Climate Change Policy: On ‘Loss and Damage’ after the Paris Agreement addresses these questions, and numerous others, and explores the present and future of loss and damage in the era of the Paris Agreement. This book provides an up-to-date analysis of ‘loss and damage’ which is often described as the third pillar of international climate change policy. It is based around four main themes: (i) insurance schemes, (ii) key gaps in loss and damage governance, including non-economic loss and damage and slow-onset events, (iii) legal aspects of loss and damage, and (iv) novel approaches to loss and damage.The chapters in this book were originally published as a special issue of Climate Policy.