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Books > Law > Laws of other jurisdictions & general law > Social law
More and more, social security systems influence each other. Governments, policy makers and academics have become very interested in the way various social security systems approach particular problems, such as ageing of society and the policy to reintegrate recipients of social security benefits into the workforce. For this purpose a profound description and analysis of the legal aspects of the Dutch social security system should prove useful. This monograph aims to provide this information. Moreover, this book describes the Dutch system from an international perspective: it discusses the impact of ILO Conventions, Conventions of the Council of Europe and EU regulations and directives on the Dutch social security system. In this way it shows which impact international law has had on the Dutch system. This contributes to more insight of the meaning of international social security law on this particular system, and it also contributes to the general knowledge of the impact international law has on national social security law.
This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today's legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.
This book contends that, with regard to the likelihood of confusion standard, European trademark law applies the average consumer incoherently and inconsistently. To test this proposal, it presents an analysis of the horizontal and vertical level of harmonization of the average consumer. The horizontal part focuses on similar fictions in areas of law adjacent to European trademark law (and in economics), and the average consumer in unfair competition law. The vertical part focuses on European trademark law, represented mainly by EU trademark law, and the trademark laws of the UK, Sweden, Denmark and Norway. The book provides readers with a better understanding of key aspects of European trademark law (the average consumer applied as part of the likelihood of confusion standard) and combines relevant law and practices with theoretical content and other related areas of law (and economics). Accordingly, it is an asset for policymakers and practitioners, as well as general readers with an interest in intellectual property law and theory.
This edited collection provides a cross-sectional review of environmental legislation and administration in the United States, with comparative chapters relating to Canada and New Zealand. The experts look at a variety of environmental issues that create policy problems, and while the book offers no blueprint or prognosis of environmental policy in the twenty-first century, it does offer insights into trends that will influence the future shape of that policy. The book is prefaced by an overview of the environment as a problem for policy by Lynton K. Caldwell, who has been credited with inventing the term environmental policy. Experts examine the role of risk analysis in policy making; the transnational issues associated with NAFTA and GATT are discussed; and the efforts of the Environmental Protection Agency to integrate policy and administration are described. The perspective of the authors is transnational, with several chapters focusing primarily on U.S. policy.
This book offers a new and differentiated overview of Agri-Food Law against the background of national and global integration of markets, and compares for the first time important aspects of the agricultural, environmental and food law of China and Germany / the European Union. In addition to the basics, it discusses a wide range of issues, such as the respective legal regulatory structures for food security, food safety, geographical indications of origin, climate protection, fertilizers, plant protection products, genetic engineering, water protection, soil protection, land resources and organic farming. In addition, it addresses key environmental impacts and developments in order to create integrated value chains. The increasing fusion of upstream and downstream areas is becoming apparent from primary production, to the refinement and trade up level, and even to consumption. Agri-Food Law is now productively taking these important developments into account with regard to the aforementioned countries.
WAhrend das VerstAndnis, die Bearbeitung und die LAsung von existierenden Umweltproblemen sowie die Vermeidung neuer Probleme immer schwieriger werden, werden im gleichen Zuge die finanziellen Ressourcen immer knapper. Deshalb stellt sich die Frage nach dem Erfolg von MaAnahmen und nach den MAglichkeiten ihrer Steuerung und Verbesserung umso dringender. Die Erfolgskontrolle stellt eine Schnittstelle zwischen den Umweltnatur- und den Umweltsozialwissenschaften dar. So werden zu ihrer DurchfA1/4hrung einerseits ein detailliertes SystemverstAndnis von Problem und MaAnahme vorausgesetzt, andererseits sind die Formulierung von Zielen, die Ableitung geeigneter Erfolgskriterien und deren Bewertung eindeutig gesellschaftliche Prozesse. Aufgabe der Erfolgskontrolle ist es, diese Aspekte zu verbinden bzw. die Grundlagen hierfA1/4r zu schaffen. Erfolgskontrollen von umweltrelevanten AktivitAten spielen sowohl in Unternehmen als auch in staatlichen Institutionen eine wichtige Rolle.
As the evidence for human-induced climate change becomes more obvious, so too does the realisation that it will harshly impact on the natural environment as well as on socio-economic systems. Addressing the unpredictability of multiple sources of global change makes the capacity of governance systems to deal with uncertainty and surprise essential. However, how all these complex processes act in concert and under which conditions they lead to the sustainable governance of environmental resources are questions that have remained relatively unanswered. This book aims at addressing this fundamental gap, using as case examples the basins of the Po River in Northern Italy and the Syr Darya River in Kyrgyzstan. The opening chapter addresses the challenges of governing water in times of climate and other changes. Chapter Two reviews water governance through history and science. The third chapter outlines a conceptual framework for studying institutional adaptive capacity. The next two chapters offer detailed case studies of the Po and Syr Darya rivers, followed by a chapter-length analysis and comparison of adaptive water resources management in the two regions. The discussion includes a description of resistant, reactive and proactive institutions and puts forward ideas on how water governance regimes can transition from resistant to proactive. The final chapter takes a high-level view of lessons learned and how to transform these into policy recommendations and offers a perspective on embracing uncertainty and meeting future challenges.
Written by an award-winning historian of science and technology, Planet in Peril describes the top four mega-dangers facing humankind - climate change, nukes, pandemics, and artificial intelligence. It outlines the solutions that have been tried, and analyzes why they have thus far fallen short. These four existential dangers present a special kind of challenge that urgently requires planet-level responses, yet today's international institutions have so far failed to meet this need. The book lays out a realistic pathway for gradually modifying the United Nations over the coming century so that it can become more effective at coordinating global solutions to humanity's problems. Neither optimistic nor pessimistic, but pragmatic and constructive, the book explores how to move past ideological polarization and global political fragmentation. Unafraid to take intellectual risks, Planet in Peril sketches a plausible roadmap toward a safer, more democratic future for us all.
This book is a comprehensive, practice-oriented guide to the evidentiary regime under the 2015 World Anti-Doping Code (WADC) including the functioning of the Athlete Biological Passport. It is the first to show how the interplay between science and law affects the collection and evaluation of evidence in anti-doping, and how paradigm shifts in anti-doping strategies may modify evidentiary assumptions implicit to the WADC regime. Unique in its dealing with the subtleties of anti-doping science and legal implications, the book gives lawyers involved in anti-doping the keys to a better understanding of the science underlying the WADC regime, while providing anti-doping scientists with the first reference material to understand the legal framework in which their activities are embedded. The emphasis of the book is on international doping cases and it relies predominantly on CAS awards published up to Spring 2015. Written by an experienced Swiss lawyer it provides an insight into the Swiss legal system and its importance for the legal practice in doping matters. Marjolaine Viret is an attorney-at-law in Geneva, Switzerland, specialising in sports and health law. She has gained significant experience in sports arbitration as a senior associate in one of Switzerland's leading law firms. She also holds positions within committees in sport, in particular as a member of the UCI Anti-Doping Commission. Ms Viret had her doctorate on anti-doping approved summa cum laude in 2015. She participates as a researcher in a project for a commentary of the 2015 WADC funded by the National Science Foundation and is regularly invited to lecture or speak in various fields of sports law. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. Dave McArdle, Prof. Dr. Ben Van Rompuy and Marco A. van der harst LL.M.
This study examines and explains the relationship between social health insurance (SHI) participation and out-of-pocket expenditures (OOP) as well as the mediating role the institutional arrangement of SHI plays in this relationship in China. Embracing a new institutionalist approach, it develops two analytical perspectives: determination, which identifies the mechanisms of social health insurance, and strategic interaction, which explores the interaction among social health insurance agencies, healthcare providers, patients, and institutions. It reveals the poor performance of social health insurance in decreasing out-of-pocket health expenditures caused by a trade-off between the reimbursement, behavior management, and purchasing mechanisms of social health insurance programs. Further, it finds that the inequitable allocation of healthcare resources and patients' concerns regarding the benefits offset the strategies used by social health insurance agencies to manage care-seeking behavior. It also discovers that the complex interactions between insurance agencies, doctors, patients and a larger disenabling institutional surrounding restricts the purchasing efficiency of social health insurance. This book is characterized by its unique synthesis of the role of the institutional arrangement of social health insurance in China, the interaction between the stakeholders in health sectors, and of the relationship between healthcare institutions, actors, and policy outcomes. Providing a comprehensive overview, it enables scholars and graduate students to understand the ongoing process of social health insurance reform as well as the dynamics of health cost inflation in China. It also benefits policymakers by recommending a single-payer model based on an evidence-based investigation.
The United Nations Conference on the Environment and Development brought over 100 governments together in Rio de Janeiro (3-14 June 1992) to agree action and legal bases for the future protection of the environment. This text elucidates the UNCED process and the Conference itself by assembling the key documents, including the final version of Agenda 21, and using them to recount how UNCED began, developed and finally, in Rio, came to fruition. Each document is preceded by analytical commentary, and a comprehensive index has been included.
1 Zusammenfassung.- Konzept der Studie.- Moeglichkeiten und Grenzen der Kombination beider Ansatze.- Ergebnisse.- Sachbilanz Top-down-Ansatz (Momentaufnahme 1991).- Sachbilanz Bottom-up-Ansatz (Bestandsmodell).- Gegenuberstellung der Ergebnisse.- Eingebrachte Problemstoffe.- Trendfortschreibung.- Leitbilder fur den Baubereich.- 2 Methodischer Ansatz.- 2.1 Bottom-up-Ansatz: Das Modell des Gebaudebestands.- 2.1.1 Stoffflussrelevante Beschreibung des Bestandes in Nutzungs-und Altersklassen.- 2.1.2 Aufbau des Dynamischen Gebaudebestandsmodells.- 2.1.3 Zustand des Bestands - Alterung von Gebauden.- 2.2 Top-down-Ansatz.- 2.2.1 Berechnung kumulierter Groessen im Top-down-Ansatz.- 2.2.2 Vor-und Nachteile des Top-down-Ansatzes.- 2.2.3 Erganzende Erlauterungen zur Vorgehensweise und Datenbasis beim Top-down-Ansatz.- 2.3 Methodik und Datenbasis fur die Bestimmung der eingebrachten Problemstoffe.- 2.3.1 Vorgehensweise.- 2.3.2 Datenquellen und Datenqualitat.- 2.4 Systemgrenzen.- 2.5 Gegenuberstellung des Top-down und Bottom-up-Ansatzes.- 2.6 Sachbilanz.- 2.7 Szenario.- 3 Ergebnisse der Sachbilanz.- 3.1 Bottom-up-Ansatz.- 3.1.1 Stofflager.- 3.1.2 Stoffstroeme.- 3.1.3 Flachen.- 3.1.4 Energie.- 3.1.5 Emissionen und Umweltindikatoren.- 3.1.6 Kosten.- 3.2 Stoffstroeme, Energiestroeme, Luftschadstoffemissionen und Kosten - Top-down-Ansatz.- 3.2.1 Methodik.- 3.2.2 Erstellung der Sachbilanzen.- 3.2.3 Bestimmung jahrlich anfallender Mengen an Abfallen aus den Bereichen "Bauen und Wohnen" fur verschiedene Jahre, Angaben uber weiterverwertete und weiterverwendete Anteile.- 3.2.4 Die Kosten im Sektor "Bauen und Wohnen" im Spiegel der Statistik.- 3.2.5 Zusammenfassung der Ergebnisse.- 3.3 Eingebrachte Problemstoffe.- 3.3.1 Aufgabenstellung.- 3.3.2 Allgemeiner Untersuchungsgang.- 3.3.3 Vorgehensweise und Begrenzungen.- 3.3.4 Stofflisten und Problemstofffrachten.- 3.3.5 Ausgewahlte Stoffe.- 3.3.6 Ausgewahlte Tatigkeitsbereiche und zugeordnete Problemstoffe.- 3.3.7 Problemstoffe im Bauschutt.- 3.3.8 Zusammenfassung und Kommentar.- 3.4 Bilanzierung und Diskussion der Ergebnisse der Bottom-up und Top-down-Ansatze.- 3.4.1 Stoffstroeme.- 3.4.2 Energie und Umweltbelastungen.- 3.5 Vergleich mit anderen Studien.- 3.5.1 Stoffstroeme.- 3.5.2 Kosten.- 3.6 Internationaler Vergleich.- 3.7 Landschafts-und Bodenverbrauch.- 3.7.1 Flacheninanspruchnahme durch Wohnungsbauflachen.- 3.7.2 Katasterdaten.- 3.7.3 Baufertigstellungen und Baugenehmigungen.- 3.7.4 Stadtebauliche Strukturtypen und ihr Flachenbedarf.- 4 Szenario.- 4.1 Modellannahmen.- 4.2 Diskussion der Ergebnisse.- 4.3 Kommentar zum Szenario.- 5 Strategische UEberlegungen zur Bestandsbewirtschaftung.- 6 Forschungsbedarf.- 6.1 Methodische Probleme.- 6.2 Untersuchungsbereich.- 6.3 Regionale Erfassung.- 6.4 Gebaudebestand.- 6.4.1 Beschreibung der Gebaude.- 6.4.2 Abriss, Entsorgung, Recycling.- 6.5 Externe Kosten.- 6.6 Bautatigkeit und Baukosten.- 6.7 OEkobilanzen von Baustoffen.- 6.8 Problemstoffe.- 6.9 Datenlage.- 7 Ziele, Massnahmen und Instrumente fur eine nachhaltige Entwicklung im Sektor "Bauen und Wohnen".- 7.1 Nachhaltigkeit im Bereich Bauen und Wohnen - Ziele und gegenwartige Entwicklungstrends.- 7.2 Handlungsfelder fur eine nachhaltige Politik im Sektor "Bauen und Wohnen".- 7.3 Perspektiven zur Fortschreibung des Bestands.- Anhang A: GISBAU-Inhaltsstoffe.- Anhang B: BUWAL-Zusatzstoffe.- Anhang C: Problemstoffe im Bauschutt.
One of the primary functions of law is to ensure that the legal structure governing all social relations is predictable, coherent, consistent and applicable. Taken together, these characteristics of law are referred to as legal certainty. In traditional approaches to legal certainty, law is regarded as a hierarchical system of rules characterized by stability, clarity, uniformity, calculable enforcement, publicity and predictability. However, the current reality is that national legal systems no longer operate in isolation, but within a multilevel legal order, wherein norms created at both the international and regional level are directly applicable to national legal systems. Also, norm creation is no longer the exclusive prerogative of public officials of the state: private actors have an increasing influence on norm creation as well. Social scientists have referred to this phenomenon of interacting and overlapping competences as multilevel governance. Only recently have legal scholars focused attention on the increasing interconnectedness (and therefore the concomitant loss of primacy of national legal orders) between the global, European and national regulatory spheres through the concept of multilevel regulation. In this project the author uses multilevel regulation as a term to characterize a regulatory space in which the process of rule making, rule enforcement and rule adjudication (the regulatory lifecycle) is dispersed across more than one administrative or territorial level and amongst several different actors, both public and private. The author draws on the concept of a regulatory space, using it as a framing device to differentiate between specific aspects of policy fields. The relationship between actors in such a space is non-hierarchical and they may be independent of each other. The lack of central ordering of the regulatory lifecycle within this regulatory space is the most important feature of such a space. The implications of multilevel regulation for the notion of legal certainty have attracted limited attention from scholars and the demand for legal certainty in regulatory practice is still a puzzle. The book explores the idea of legal certainty in terms of the perceptions and expectations of regulatees in the context of medical products - specifically, pharmaceuticals and medical devices, which can be differentiated as two regulatory spaces and therefore form two case studies. As an exploratory project, the book necessarily explores new territory in terms of investigating legal certainty first in terms of regulatee perceptions and expectations and second, because it studies it in the context of multilevel regulation.
In the past 10 years, the Member States of the European Union (EU) have intensified their exchange of information for the purposes of preventing and combating serious cross-border crime, as manifested in three main aspects. Firstly, there is a need to ensure the practical application of innovative principles (availability, mutual recognition) and concepts (Information Management Strategy, European Information Exchange Model) for tackling criminal organisations and networks that threaten the Internal Security of the EU. Secondly, there has been a gradual consolidation of EU agencies and bodies (Eurojust, Europol) aimed at promoting cooperation and dialogue among law enforcement officials and judicial authorities responsible for preventing and combating drug trafficking, trafficking in human beings, child pornography, and other serious trans-national offences. Thirdly, important EU information systems and databases (Prum, SIS-II, ECRIS) have been created, enabling law enforcement and judicial authorities to gain access to essential information on criminal phenomena and organisations. Pursuing a practice-orientated approach, this work provides comprehensive coverage of all these measures, as well as the applicable rules governing data quality, data protection and data security. It is especially intended for law enforcement and judicial authorities who need to develop the appropriate expertise for the practical application of the above-mentioned principles. It also offers a solid basis of practical training material for police training centres and judicial schools.
The National Environmental Policy Act (NEPA), enacted in 1970, requires federal agencies to analyze the environmental effects of all proposed major Federal actions significantly affecting the quality of the human environment. Because the law is so broadly written and has wide application, it is impossible to understand how to comply with NEPA merely by reading the statute. In addition to the statute, NEPA'S implementing regulations written by the Council on Environmental Quality must be consulted as well as the relevant judicial decisions and regulations of individual federal agencies. This book draws together these various sources of NEPA law and presents the law in a clear and readable format designed to be both a practical reference and guide to compliance with the NEPA process and a comprehensive legal analysis of every aspect of NEPA law. Among the topics addressed by the author are the criteria that make a project subject to NEPA and the procedures mandated by NEPA and its regulations. Issues that frequently arise in NEPA legislation such as standing, ripeness, mootness, and exhaustion of administrative remedies receive extended treatment as do the scope of remedies available under NEPA. The author then provides a complete review and analysis of three state statutes with similar purposes to NEPA and compares them with NEPA. She also includes detailed instructions on the preparation of environmental assessments, environmental impact statements, and supplemental environmental impact statements. The volume concludes by examining major themes in NEPA law. An indispensable handbook for attorneys who deal with environmental transactions and litigation, and for people who prepare NEPA documentation, this book will also be an invaluable reference for members of citizens' groups interested in participating meaningfully in the NEPA process.
Under articles 149 (education) and 150 (vocational training) of the European Union Treaty, the EU has competence to complement the education systems of Member States. This book not only explores the nature and likely extent of that competence, but investigates other ways in which education law and policy may grow at the European level. Beginning with a detailed analysis of EU law and policy in this area and how it has developed, the author identifies the maximum extent Community education and vocational training competencies may reach under Articles 149 and 150. Although the Community may indeed implement education and vocational training policies with a very wide content, the kind of action it may carry out in these fields is limited by the nature of the competence it has received. However, "Towards an EU Right to Education" goes on to investigate whether Community education and vocational training competencies may have a distinct parallel evolution outside the framework of the two Articles in question. Focusing on the issues of individual educational and training rights under Community law, the author shows that the development of education and vocational training competencies may still occur in the context of European citizenship, free movement and equal treatment. This approach to the issue of education is clearly affirmed by the recent consolidation of a right to education in the Charter of Fundamental Rights of the European Union - a step which strongly implies the transnational application of a national right to education.
A brief yet comprehensive and clearly written compendium of the most important federal energy, environmental, and natural resource statutes through 1982. Freedman's special talent is the ability to relate Congressional intent to the policy context within each act was written. . . . This] is a sweeping panoply of statute summaries replete with citations, and is thus highly suitable as a reference work. "Choice" This book discusses 69 major federal environmental laws that have a direct impact on companies operating in the United States. Coverage includes every major statute from the Refuse Act of 1899 through recent laws governing nuclear waste policy and solid waste disposal. The statutes discussed included those designed to provide compensation based upon proof of liability and those that establish statutory prohibitions and penalties. For each, the author provides an incisive analysis of the statute itself and of supporting court decisions to show how these statutes have been interpreted in practice.
This book explores the disruptive changes in the media ecosystem caused by convergence and digitization, and analyses innovation processes in content production, distribution and commercialisation. It has been edited by Professors Miguel Tunez-Lopez (Universidade de Santiago de Compostela, Spain), Valentin-Alejandro Martinez-Fernandez (Universidade da Coruna, Spain), Xose Lopez-Garcia (Universidade de Santiago de Compostela, Spain), Xose Ruas-Araujo (Universidade de Vigo, Spain) and Francisco Campos-Freire (Universidade de Santiago de Compostela, Spain). The book includes contributions from European and American experts, who offer their views on the audiovisual sector, journalism and cyberjournalism, corporate and institutional communication, and education. It particularly highlights the role of new technologies, the Internet and social media, including the ethics and legal dimensions. With 30 contributions, grouped into diverse chapters, on information preferences and uses in journalism, as well as public audiovisual policies in the European Union, related to governance, funding, accountability, innovation, quality and public service, it provides a reliable media resource and presents lines of future development.
The effort to win federal copyright protection for dance choreography in the United States was a simultaneously racialized and gendered contest. Copyright and choreography, particularly as tied with whiteness, have a refractory history. This book examines the evolution of choreographic works from being federally non-copyrightable, unless they partook of dramatic or narrative structures, to becoming a category of works potentially copyrightable under the 1976 Copyright Act. Crucial to this evolution is the development of whiteness as status property, both as an aesthetic and cultural force and a legally accepted and protected form of property. The choreographic inheritances of Loie Fuller, George Balanchine, and Martha Graham are particularly important to map because these constitute crucial sites upon which negotiations on how to package bodies of both choreographers and dancers - as racialized, sexualized, nationalized, and classed - are staged, reflective of larger social, political, and cultural tensions.
Organ transplantation is a much-discussed subject, and the importance of living organ donation is increasing significantly. Yet despite all efforts, too few donor organs are available to help all patients in need. This book analyses whether the national legal regulations are also partly responsible for the organ shortage in the Member States of the European Union. In addition to a detailed analysis of the various national regulations, the main arguments in favour of and against legal restrictions on living organ donation are considered. Furthermore, the European Union's authority is investigated, namely, whether it is entitled to establish statutory provisions for the Member States with respect to a harmonized regulation of living organ donation. Based on the results of the analysis, the author establishes a Best Practice Proposal for living organ donation.
The book reveals how green buildings are currently being adapted and applied in developing countries. It includes the major developing countries such as China, Indonesia, Malaysia, Thailand, Pakistan, Cambodia, Ghana, Nigeria and countries from the Middle East and gathers the insights of respected green building researchers from these areas to map out the developing world's green building revolution. The book highlights these countries' contribution to tackling climate change, emphasising the green building benefits and the research behind them. The contributing authors explore how the green building revolution has spread to developing countries and how national governments have initiated their own green building policies and agendas. They also explore how the market has echoed the green building policy, and how a business case for green buildings has been established. In turn, they show how an international set of green building standards, in the form of various techniques and tools, has been incorporated into local building and construction practices. In closing, they demonstrate how the developing world is emerging as a key player for addressing the energy and environmental problems currently facing the world. The book helps developers, designers and policy-makers in governments and green building stakeholders to make better decisions on the basis of global and local conditions. It is also of interest to engineers, designers, facility managers and researchers, as it provides a holistic picture of how the industry is responding to the worldwide call for greener and more sustainable buildings.
This book considers what is needed for fairness in the decisions of the UNFCCC. It analyses several principles of procedural fairness in order to develop practical policy measures for fair decision-making in the UNFCCC. This includes measures that determine who should have a right to participate in its decisions, how these decisions should take place and what level of equality should exist between these actors. In doing so, it proposes that procedural fairness is a fundamental feature of a multilateral response to address climate change. By showing that procedural fairness is most likely to be achieved through the inclusive process of the UNFCCC, it also shows that global efforts to address climate change should continue in this forum.
The issue of tortious liability for harm caused by climate change has risen to some prominence in recent legal literature. However, except for a few U.S. cases, litigation in this area remains dormant in most jurisdictions. Now, in anticipation of the likelihood - and desirability - of such litigation, this ground-breaking study examines the extent to which a claim brought by a private, public, or quasi-public claimant against a private defendant (such as a producer of fossil fuels or major emitter of greenhouse gases) alleging climate change-related damage, and based on one or more causes of action under the English law of torts, can be pursued in the English Courts. Focusing on the circumstances and the prerequisites that must be met in order to construct a potentially successful case, the author addresses the following questions: * On the basis of a high-level review of the relevant scientific literature, what impacts is climate change expected to have on the human and natural environment? * What goals would be served by climate change litigation? * Under what circumstances would the English Courts accept jurisdiction in relation to a climate change claim? * To what extent can existing tort law precedents - e.g., negligence, product liability, public nuisance - be used in climate change-related claims? * To what extent does the existence of a regulatory framework limit or extinguish the liability of the defendants if they can show full compliance with the provisions of the relevant regulations? * How would the current law of causation need to develop in order to overcome the difficulties inherent in ascribing certain forms of damage to climate change? The analysis considers each available cause of action in turn, setting out the elements that would have to be established, as well as highlighting the obstacles that would need to be overcome if the validity of the claim was to be upheld. The defences that would be available to the defendants are also examined, and their effectiveness at invalidating a claim is tested. In addition, the study assesses the remedies that could be claimed in law and equity for climate change-related damage. The analysis also incorporates examination of case law from tobacco, asbestosis, handguns, and other relevant types of litigation - including climate-based litigation cases in the U.S. - where comparable issues of multiple tortfeasors, proportional liability, materiality thresholds, increase in risk, and other complexities of causation have already been considered at some length. By concentrating on tortious liability, the author clearly shows that litigation can become a significant means of compensating climate change victims, encouraging regulatory change, and facilitating a socioeconomic transition away from the fossil fuel economy. Although the book will be of particular interest to lawyers in multinational corporations and certain non-governmental organizations, the book's relevance to a much broader spectrum of jurists, academics, and policymakers is undeniable. |
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