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.
|Title of host publication||Sustainability and Private Law|
|Editors||Bram Akkermans, Gijs van Dijck|
|Place of Publication||The Hague|
|Publication status||Published - 3 Dec 2019|
|Series||Maastricht Law Series|