An inconvenient deliberation: the precautionary principle's contribution to the uncertainties surrounding climate change liability

M.M. Haritz

Research output: ThesisDoctoral ThesisInternal

Abstract

The thesis’ focus is on a legal perspective on the interdisciplinary problem of Climate Change in terms of the responsibility and the liability for damage, which results from the activities of multiple actors. In an integrative, problem‐oriented manner, the book scrutinizes how scientific uncertainties translate into legal uncertainties in a liability claim over the damaging consequences of Climate Change. In this context, it analyzes how the Precautionary Principle, a principle aimed at making uncertainty manageable, can help to overcome some of the legal obstacles in such a claim, whilst, at the same time, potentially creating new liabilities. The book advocates for a consistent application of the principle, taking due account of its flexible interpretation in both public and private decision-making, and in judicial appreciation in Climate Change liability cases.

Original languageEnglish
QualificationDoctor of Philosophy
Awarding Institution
  • Maastricht University
Supervisors/Advisors
  • Vos, Ellen, Supervisor
  • Faure, Michael, Supervisor
Award date17 Dec 2010
Place of PublicationOisterwijk
Publisher
Publication statusPublished - 1 Jan 2010

Keywords

  • climate change
  • liability
  • uncertainty
  • precautionary principle

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