Climate Change Damage and International Law

ISBN: 9789004146501

出版社: Brill Academic Pub

出版年: 2005-11

页数: 400

定价: $ 226.00

装帧: HRD

内容简介

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 state 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 discusses in three case studies, and the questions raised by multiple polluters explored in depth. Against this background, the author advocates and internationally negotiated solution to the issue of climate change damage.