Climate Change Damage And International Law: Prevention Duties And State Responsibility
Martinus Nijhoff Publishers, 1 jan. 2005 - 406 pagina's
This book is the first comprehensive assessment of the legal duties of states with regard to human induced climate change damage. By discussing the current state of climate science in the context of binding international law, it convincingly argues that compensation for such damage could indeed be recoverable. The author analyses legal duties requiring states to prevent climate change damage, and discusses to what extent a breach of these duties will give rise to state responsibility (international liability). The analysis includes the UN Framework Convention on Climate Change and the Kyoto Protocol, but also various nature/ biodiversity protection and law of the sea instruments, as well as the no-harm-rule as a key provision of customary international law. The challenge in applying the different aspects of the law on state responsibility, including causation and standard of proof, are discussed in three case studies, and the questions raised by multiple polluters explored in depth. Against this background, the author advocates an internationally negotiated solution to the issue of climate change damage.
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adaptation measures analysis Annex anthropogenic climate change applied approach areas argued Article 2 FCCC Articles 4.3 assessment atmosphere basis behaviour Bhutan breach causation caused Chapter claim climate change damage climate regime climate system coastal commitments compensation context contributions Convention Cook Islands customary international law damage prevention DASR decision developing countries discussed due diligence ecosystems effects environment environmental damage established example framework fund gases global warming greenhouse gas emissions harm rule ICJ Rep ILC 53rd session impacts of climate implementation increased injury International Law Commission IPCC island issue of climate Kyoto Protocol mate change mitigation national communications natural Nauru negotiations Nepal no-harm rule norm obligations Parties pollution precautionary principle primary rules protection reduce regional reparation Report ILC 53rd residual damage responsibility result risk scientific sea level rise specific State’s targets temperature tion transboundary treaty tribunal UNCLOS vulnerability wrongful act Yearbook ILC