Research output

Liability and climate change

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

Standard

Liability and climate change. / Faure, Michael; Peeters, Marjan.

Climate Science. ed. / H. von Storch. Oxford : Oxford University Press, 2019. p. 1-30 (Oxford Research Encyclopedias).

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

Harvard

Faure, M & Peeters, M 2019, Liability and climate change. in H von Storch (ed.), Climate Science. Oxford Research Encyclopedias, Oxford University Press, Oxford, pp. 1-30. https://doi.org/10.1093/acrefore/9780190228620.013.648

APA

Faure, M., & Peeters, M. (2019). Liability and climate change. In H. von Storch (Ed.), Climate Science (pp. 1-30). (Oxford Research Encyclopedias). Oxford: Oxford University Press. https://doi.org/10.1093/acrefore/9780190228620.013.648

Vancouver

Faure M, Peeters M. Liability and climate change. In von Storch H, editor, Climate Science. Oxford: Oxford University Press. 2019. p. 1-30. (Oxford Research Encyclopedias). https://doi.org/10.1093/acrefore/9780190228620.013.648

Author

Faure, Michael ; Peeters, Marjan. / Liability and climate change. Climate Science. editor / H. von Storch. Oxford : Oxford University Press, 2019. pp. 1-30 (Oxford Research Encyclopedias).

Bibtex

@inbook{390f5115a12846d2a568134474443060,
title = "Liability and climate change",
abstract = "In view of the need to curb greenhouse gases, the question arises as to the functions of liability in providing effective incentives for emitters in order to change their behavior. Liability for emitting greenhouse gases exists (or can exist) in the area of public law and private law and can be subdivided into international, administrative, and criminal liability (public law liabilities) and tort law liability (private law liability). Actions for holding individual and legal persons (such as states, authorities, and companies) liable can, depending on the specific jurisdiction, be triggered by citizens but also by legal persons, such as authorities, companies, and non-governmental organizations (NGOs), particularly environmental NGOs. The central question in this article is how climate liability is arranged under public law and whether there would be any role for climate liability toplay under private law, thereby applying a legal and economic methodology. That socalled law and economics doctrine is a useful approach as it has given a lot of attention, for example, to the different functions of specific legal instruments (more particularly regulation, including taxation and emissions trading and tort law liability) for mitigating greenhouse gases. Meanwhile, in practice, various examples can be identified whereby tort law liability is used as a complement to greenhouse gas regulation. This specific use of tort liability is analyzed in the light of the law and economics literature, thereby pointing at prospects but also at remaining core questions. The success of tort law actions will most likely greatly depend on the (lack of) ambition vested into the emissions regulations at international and national levels. One of the exciting questions for the nearfuture is to what extent judges feel able to step into the regulation of the climate change problem, in an ex ante way. The most difficult cases are obviously those where a regulatory system concerning greenhouse gas mitigation has been put in place and where the court system is strong, but where particular groups consider the regulations to be insufficient.",
keywords = "regulation, greenhouse gas emissions, tort law, liability, litigation, private interest, public interest, public choice, public law, emissions trading",
author = "Michael Faure and Marjan Peeters",
year = "2019",
month = "5",
day = "6",
doi = "10.1093/acrefore/9780190228620.013.648",
language = "English",
series = "Oxford Research Encyclopedias",
publisher = "Oxford University Press",
pages = "1--30",
editor = "{von Storch}, H.",
booktitle = "Climate Science",
address = "United Kingdom",

}

RIS

TY - CHAP

T1 - Liability and climate change

AU - Faure, Michael

AU - Peeters, Marjan

PY - 2019/5/6

Y1 - 2019/5/6

N2 - In view of the need to curb greenhouse gases, the question arises as to the functions of liability in providing effective incentives for emitters in order to change their behavior. Liability for emitting greenhouse gases exists (or can exist) in the area of public law and private law and can be subdivided into international, administrative, and criminal liability (public law liabilities) and tort law liability (private law liability). Actions for holding individual and legal persons (such as states, authorities, and companies) liable can, depending on the specific jurisdiction, be triggered by citizens but also by legal persons, such as authorities, companies, and non-governmental organizations (NGOs), particularly environmental NGOs. The central question in this article is how climate liability is arranged under public law and whether there would be any role for climate liability toplay under private law, thereby applying a legal and economic methodology. That socalled law and economics doctrine is a useful approach as it has given a lot of attention, for example, to the different functions of specific legal instruments (more particularly regulation, including taxation and emissions trading and tort law liability) for mitigating greenhouse gases. Meanwhile, in practice, various examples can be identified whereby tort law liability is used as a complement to greenhouse gas regulation. This specific use of tort liability is analyzed in the light of the law and economics literature, thereby pointing at prospects but also at remaining core questions. The success of tort law actions will most likely greatly depend on the (lack of) ambition vested into the emissions regulations at international and national levels. One of the exciting questions for the nearfuture is to what extent judges feel able to step into the regulation of the climate change problem, in an ex ante way. The most difficult cases are obviously those where a regulatory system concerning greenhouse gas mitigation has been put in place and where the court system is strong, but where particular groups consider the regulations to be insufficient.

AB - In view of the need to curb greenhouse gases, the question arises as to the functions of liability in providing effective incentives for emitters in order to change their behavior. Liability for emitting greenhouse gases exists (or can exist) in the area of public law and private law and can be subdivided into international, administrative, and criminal liability (public law liabilities) and tort law liability (private law liability). Actions for holding individual and legal persons (such as states, authorities, and companies) liable can, depending on the specific jurisdiction, be triggered by citizens but also by legal persons, such as authorities, companies, and non-governmental organizations (NGOs), particularly environmental NGOs. The central question in this article is how climate liability is arranged under public law and whether there would be any role for climate liability toplay under private law, thereby applying a legal and economic methodology. That socalled law and economics doctrine is a useful approach as it has given a lot of attention, for example, to the different functions of specific legal instruments (more particularly regulation, including taxation and emissions trading and tort law liability) for mitigating greenhouse gases. Meanwhile, in practice, various examples can be identified whereby tort law liability is used as a complement to greenhouse gas regulation. This specific use of tort liability is analyzed in the light of the law and economics literature, thereby pointing at prospects but also at remaining core questions. The success of tort law actions will most likely greatly depend on the (lack of) ambition vested into the emissions regulations at international and national levels. One of the exciting questions for the nearfuture is to what extent judges feel able to step into the regulation of the climate change problem, in an ex ante way. The most difficult cases are obviously those where a regulatory system concerning greenhouse gas mitigation has been put in place and where the court system is strong, but where particular groups consider the regulations to be insufficient.

KW - regulation

KW - greenhouse gas emissions

KW - tort law

KW - liability

KW - litigation

KW - private interest

KW - public interest

KW - public choice

KW - public law

KW - emissions trading

U2 - 10.1093/acrefore/9780190228620.013.648

DO - 10.1093/acrefore/9780190228620.013.648

M3 - Chapter

T3 - Oxford Research Encyclopedias

SP - 1

EP - 30

BT - Climate Science

A2 - von Storch, H.

PB - Oxford University Press

CY - Oxford

ER -