Three Essays on Climate Law

51 Pages Posted: 21 Mar 2018 Last revised: 31 May 2018

See all articles by Daniel A. Farber

Daniel A. Farber

University of California, Berkeley - School of Law

Date Written: March 16, 2018


These essays deal with aspects of climate change law that cut across national borders. "Governance Principles and Climate Disasters" examines how climate disasters present relate to general issues in public law such as federalism, emergency authority, protection of property rights, and administrative transparency and rationality. "The Unifying Force of Climate Change Scholarship" argues that climate change is a unifying theme for the sprawling field of environmental law, providing a focal point for environmental law scholarship. "Historical Responsibility for Environmental Harms" examines the issue of climate compensation through the lens of U.S. and EU tort law principles. It argues that the tort law background supports providing some form of compensation for harms caused by past carbon emissions, whether via litigation or otherwise.

Suggested Citation

Farber, Daniel A., Three Essays on Climate Law (March 16, 2018). UC Berkeley Public Law Research Paper, Available at SSRN: or

Daniel A. Farber (Contact Author)

University of California, Berkeley - School of Law ( email )

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