International Liability as an Instrument to Prevent and Compensate for Climate Change

Abstract

In this Article, we will examine some of the fundamental questions that would arise in litigation on liability for climate change, covering both domestic and international liability law. We will sketch some of the questions and issues that would have to be dealt with when a potential liability suit is brought. On a practical level, this Article is an attempt to explore the issues and set the agenda for those who wish to pursue such a liability suit. On a more fundamental level, our paper examines the power and limits of liability law to address such a highly complex and transnational issue as climate change.

Keywords: international liability, climate change, compensation

JEL Classification: K32