Climate Change Liability : Transnational Law and Practice


Richard. Lord
Bok Engelsk 2012 · Electronic books.
Annen tittel
Utgitt
Cambridge : Cambridge University Press , 2012
Omfang
1 online resource (712 p.)
Opplysninger
Description based upon print version of record.. - Cover; CLIMATE CHANGE LIABILITY; Title; Copyright; CONTENTS; CONTRIBUTORS AND EDITORIAL BOARD MEMBERS; Contributors; Editorial Board members; FOREWORD; ACKNOWLEDGEMENTS; ABBREVIATIONS; PART I Legal, scientific and policy aspects; 1 Introduction; 2 The scientific basis for climate change liability; 3 Overview of legal issues relevant to climate change; (A) Introduction; What is 'climate change liability'?; Who will use the law?; Who may be liable in relation to climate change?; Public bodies; Industry; Ancillary commercial entities; Insurers; TYPES OF LIABILITY; (B) 'Public' liability. - (C) 'Private' liabilityDamage; Causation; Fault; Foreseeability; Justiciability; Pre-emption, displacement and statutory authority; Long-term view; Secondary/ancillary liability; (D) 'Other' liability; Constitutional rights; Human rights; Public trust; Competition/supply chain; Criminal law; Soft law - non-legal 'liability'; (E) Ancillary matters; Founding jurisdiction; Applicable law; Remedies; Obtaining information; Enforcement; Costs/ access to justice; Relationship between private and public international law; (F) Concluding thoughts; 4 Policy considerations; Context. - China's climate risks. - International climate change law and policy: the FCCC, 1992 and Kyoto Protocol, 1997Regional and national initiatives; The role of markets; Technology cooperation and transfer; The thesis of this book; PART II National laws; 5 Australia; (A) Introduction; The Australian legal system; The governmental stance on climate change; National climate change risks; The CPRS; National Renewable Energy Target; (B) Public law; Standing to seek public remedies18; Enforcement of environmental laws; Review of government decisions having climate change impacts; Judicial review of administrative decisions. - Mitigation case lawAdaptation case law; Remedies; Assessment of public law litigation; (C) Private law78; Negligence; Duty of care; Standard of care/breach of duty; Causation; The 'elements' of causation; Factual causation; Scope of liability; Nuisance; Further issues; Remedies; Civil liability of government bodies; A class or representative action?; Assessment of private law litigation; (D) Practicalities: litigation costs; Costs limiting orders and security for costs; (E) Other law; Trade practices law; Criminal law; Public international law; (F) Conclusion; 6 China; (A) Introduction. - The Chinese legal systemThe governmental stance on climate change; National '11th Five-Year Plan' on environmental protection; National Plan for Addressing Climate Change; White Paper on China's Policies and Actions on Addressing Climate Change; Basic framework of legislation relevant to climate change; Overview; Constitution; Basic law on environmental protection; Laws on utilisation of energy; Specific laws on environmental protection; The use of clean energy is certain to reduce GHG emissions effectively.; Administrative regulations and rules; Emissions sources and energy mix. - An objective and rigorous analysis of climate change liability law in eighteen jurisdictions around the world.
Emner
Sjanger
Dewey
ISBN
9781107017603. - 9781107673663

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