International Liability as an Instrument to Prevent and Compensate for Climate Change

Michael G. Faure and André Nollkaemper

(2007) 43A Stanford Journal of International Law 123-179
(2007) 26A Stanford Environmental Law Journal 123-179
Maastricht Faculty of Law Working Paper

Available on SSRN

This article examines some of the fundamental questions that would arise in litigation on liability for climate change, covering both domestic and international liability law. It sketches some of the questions and issues that would have to be dealt with when a potential liability suit is brought. On a practical level, this article is an attempt to explore the issues and set the agenda for those who wish to pursue such a liability suit. On a more fundamental level, the paper examines the power and limits of liability law to address such a highly complex and transnational issue as climate change.

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