Monday, January 16, 2012

Tendencies in national laws with regard to Climate Change Liability - Part 1 Overview

Climate Change Liability
Book Cover.   
At the end of 2011, right in time for the November 2011 United Nations Climate Change Conference in Durban, the following book was published:

Climate Change Liability – Transnational Law and Practice”, edited by Richard Lord, Silke Goldberg, Lavanya Rajamani and Jutta Brunée, Cambridge University Press, Cambridge 2012, ISBN 978-1-107-67366-3.

To our knowledge, this is the first book comparing the law of different national systems under the aspect of climate change liability, the major topic of this blog. It has been written by more than 40 authors and is of good average quality. Accordingly, we present detailed summery of the content of this book. When doing so, we focus on one of the two types of liability:  private liability (discarding public liability). We summarize the various contributions in a view of indicating the chances of victims of climate change to sue polluters successfully. For some of the states examined in the book, our summary is very short, regardless of the length of the original text.

Thist first blog entry will, however, focus on the general conclusions the authors draw from the detailed investigation (p 47-49, 63):
These entries will be split up into the follow sections:

Info: A free PDF copy of the book is available at the oxfam website:
http://policy-practice.oxfam.org.uk/publications/climate-change-liability-transnational-law-and-practice-191277

Update: Robert F. Blomquist at the Valparaiso University School of Law has also written on the same subject and combines many of the issues of this book into a shorter article called “Comparative Climate Change Torts.” It is available as a PDF at: http://scholar.valpo.edu/cgi/viewcontent.cgi?article=2250&context=vulr

Update: We continue writing about the liability in Asia: Australia, China, India, Indonesia, and Japan

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