Climate Change Liability

New Horizons in Environmental and Energy Law series

Edited by Michael Faure, Professor, Maastricht University and Erasmus School of Law, the Netherlands and Chairman of the Flemish High Council of Environmental Enforcement (VHRM), Brussels, Belgium and Marjan Peeters, Professor of Environmental Policy and Law, Maastricht University, the Netherlands

This book sheds new light on the growing issue of using liability as a tool for both preventing and compensating for the damage caused by climate change. Michael Faure and Marjan Peeters have brought together a selection of expert contributors who explore a variety of both national and European perspectives on the topic.

‘. . . this is a valuable contribution to the ongoing academic and practitioner’s debate about using existing laws and regulation to tackle the climate change (and damage) problem, as well as some degree of de lege ferenda or “wishful thinking”.’
——又Verheyen,碳和Climate Law Review

‘This book has admirable breadth, and provides a good overview of a great number of relevant and interesting issues.’
– Maria Lee, Journal of Environmental Law

‘Climate Change Liability is a recent and most welcome addition to this growing body of literature. . . an easily recommendable book. It includes very informative contributions, interesting suggestions and insightful analysis if essential aspects of litigating climate change claims. Overall, this book adds considerably to the understanding of climate change liability and will prove to be essential reading not only for all practitioners and academics, but also for policymakers, companies and other stakeholders involved in the area.’
– Riccardo Sciaudone, European Energy and Environmental Law Review

‘As the first of its kind, the book is a very welcome introduction to the important legal field of climate litigation. Much more is – it is to be hoped – to come. . . Peeters and Faure provide fertile intellectual ground for lawyers, students, judges, civil servants and politicians. The hope is that they build upon the constructive perspectives provided by this book and turn liability into a successful tool for promoting the cause of climate change mitigation.’
– Christina Voigt, Environmental Liability

‘Climate Change Liability provides an illuminating comparative perspective on the role of the courts in this critical area. The book probes a critical yet constructive analysis of theories of tort liability. Beyond tort law, the book insightfully explores alternative forms of litigation, such as actions in the ECHR to remedy inadequate adaptation measures and public law actions to force governments to adopt mitigation measures.’
– Daniel Farber, University of California, US

‘As climate change negotiations slow down despite the growing scientific evidence, there is room for a new approach to the problem – climate liability. This thoroughly researched timely book discusses the different aspects of liability and will hopefully push governments to take action!’
– Joyeeta Gupta, Vrije Universiteit Amsterdam, the Netherlands

‘Since the 2009 Copenhagen Climate Change conference, international efforts to stop global warming are in disarray, making the need for innovative approaches all the more urgent. This book explores the utility of litigation as an alternative to conventional measures in the battle against climate change. While acknowledging the difficulties that attempting to impose liability can pose, it suggests and assesses solutions to meet these challenges, thus paving the way for taking the fight against global warming to the court room.’
– René Lefeber, University of Amsterdam, the Netherlands