Tort Law and Greenhouse Gas Emission Reductions

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

Abstract

It has been argued that tort law is not designed to deal with environmental matters. In this contribution, this claim further explored. It is examined how tort law can (as opposed to should) be made more suitable to address environmental harm. Focusing on the loss and causality requirement, and using the Urgenda case for illustration purposes, this contribution compares two types of claims: an injunction (to stop the wrong or injustice) and a damages claim. The contribution’s conclusion is that tort law is more suitable for deciding environmental matters than sometimes is suggested in legal scholarship.
Original languageEnglish
Title of host publicationSustainability and Private Law
EditorsBram Akkermans, Gijs van Dijck
Place of PublicationThe Hague
PublisherEleven Publishing
Pages117-129
ISBN (Electronic)9789460944406
ISBN (Print)9789462369863
Publication statusPublished - 3 Dec 2019

Publication series

SeriesMaastricht Law Series

Cite this

van Dijck, G. (2019). Tort Law and Greenhouse Gas Emission Reductions. In B. Akkermans, & G. van Dijck (Eds.), Sustainability and Private Law (pp. 117-129). Eleven Publishing. Maastricht Law Series