Climate Change Liability - Introduction

Faure, M.G. & Peeters, M. (eds), Climate Change Liability, Cheltenham: Edward Elgar, May 2011, xiii + 287 p

Maastricht Faculty of Law Working Paper

11 Pages Posted: 26 Nov 2012 Last revised: 7 Jun 2013

See all articles by Michael G. Faure

Michael G. Faure

University of Maastricht - Faculty of Law, Metro; Erasmus University Rotterdam (EUR) - Erasmus School of Law

Marjan Peeters

Maastricht University - METRO Institute

Date Written: 2011

Abstract

This is the introduction to an edited volume on climate change liability. The introduction sketches the reasons for writing a book on climate change liability as well as the problem definition, methodology and structure of the book. The concluding remarks show that from the contributions in the book it is clear that climate change liability may have potential, but that still substantial hurdles exist. The most important hurdle is probably the causation requirement. But in addition, in legal systems that already have legal rules with respect to emissions reduction, such as the European Emission Trading Scheme, the argument will also be heard that the obligations to reduce emissions are limited to what is included in the emission trading scheme. Moreover, the concluding remarks also show that questions arise concerning the appropriate remedy in climate change actions. Compensation may be too costly as a result of which most climate change liability actions will focus on injunctive relief.

Keywords: climate change, emission trading, liability, regulation, causality

JEL Classification: K13, K23, K32

Suggested Citation

Faure, Michael G. and Peeters, Marjan, Climate Change Liability - Introduction (2011). Faure, M.G. & Peeters, M. (eds), Climate Change Liability, Cheltenham: Edward Elgar, May 2011, xiii + 287 p; Maastricht Faculty of Law Working Paper. Available at SSRN: https://ssrn.com/abstract=2180757

Michael G. Faure (Contact Author)

University of Maastricht - Faculty of Law, Metro ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands
+31 - 43 - 388 30 60 (Phone)
+31 - 43 - 325 90 91 (Fax)

HOME PAGE: http://www.michaelfaure.be

Erasmus University Rotterdam (EUR) - Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

Marjan Peeters

Maastricht University - METRO Institute ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands

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