There is increasing evidence to suggest that adaptation to the inevitable is as relevant to climate change policymaking as mitigation efforts. Both mitigation and adaptation, as well as the unavoidable damage occurring both now and that is predicted to occur, all involve costs at the expense of diverse climate change victims. The allocation of responsibilities--implicit in terms of the burden-sharing mechanisms that currently exist in public and private governance--demands recourse under liability law, especially as it has become clear that most companies will only start reducing emissions if verifiable costs of the economic consequences of climate change, including the likelihood of liability, outweigh the costs of taking precautionary measures.
This vitally important book asks: Can the precautionary principle make uncertainty judiciable in the context of liability for the consequences of climate change, and, if so, to what extent? Drawing on the full range of pertinent existing literature and case law, the author examines the precautionary principle both in terms of its content and application and in the context of liability law. She analyses the indirect means offered by existing legislation being used by environmental groups and affected individuals before the courts to challenge both companies and regulators as responsible agents of climate change damage.
In the process of responding to its fundamental question, the analysis explores such further questions as the following:
In order to draw conclusions concerning the legal uncertainties posed by climate change, the author draws examples from national legislations representative of the various legal systems, as well as from existing treaties. General rules and obligations relevant to climate change liability are examined, and a selection of actual legal cases from around the world concerning climate change, be it actual liability claims or litigation indirectly relevant to a claim, is also presented.
As an overview of the different legal challenges created by climate change liability, this book is without peer. The practical meaning and impact of these findings for lawyers (whether corporate or activist), for regulators and policymakers, and for decision-makers in governmental bodies and private companies is immeasurable.
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Book Description Kluwer Law International. Hardcover. Book Condition: New. 9041135219 BRAND NEW W/FAST SHIPPING! This item is: An Inconvenient Deliberation. The Precautionary Principle's Contribution to the Uncertainties Surrounding Climate Change Liability, by Miriam Haritz, in a Casebound format. ISBN: 9041135219. Our 98%+ rating proves our commitment! We cannot ship to PO Boxes/APO address. To avoid ordering the wrong item, please check your item's ISBN number!. Bookseller Inventory # A9789041135216
Book Description Kluwer Law International, 2011. Hardcover. Book Condition: New. Bookseller Inventory # DADAX9041135219
Book Description Kluwer Law International, 2011. Hardcover. Book Condition: New. book. Bookseller Inventory # M9041135219
Book Description Kluwer Law International, 2011. Hardcover. Book Condition: Brand New. 457 pages. 9.50x6.00x1.25 inches. In Stock. Bookseller Inventory # 9041135219