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Books > Law > International law > Public international law > International environmental law
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An Inconvenient Deliberation - The Precautionary Principle's Contribution to the Uncertainties Surrounding Climate Change Liability (Hardcover)
Loot Price: R3,808
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An Inconvenient Deliberation - The Precautionary Principle's Contribution to the Uncertainties Surrounding Climate Change Liability (Hardcover)
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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: What is the role of the
precautionary principle in resolving uncertainty in scientific risk
assessment when faced with inconclusive evidence, and how does it
affect decision-making, particularly in the regulatory choices
concerning climate change? To this end, what is the concrete
content of the precautionary principle? How does liability law
generally handle scientific uncertainty? What different types of
liability exist, and how are they equipped to handle a climate
change liability claim? What type of liability is best suited for
precautionary measures or a lack thereof? Can the application of
the precautionary principle make a difference to the outcomes of
climate change liability claims? 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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