Zusammenfassung
Kahl/Weller
Climate Change Litigation This handbook investigates and discusses the respective issues arising in the current discourse on climate protection from different legal perspectives (including international law, European law and national public and civil law). In particular, it addresses the issue of “climate protection by courts”. It gives an overview about important jurisdictions in the field of Climate Change Litigation, including inter alia the US, Canada, Australia, UK, France, The Netherlands, Italy, Brazil and Germany. The book aims to pave the way for research in the field of climate change litigation, which up to this point has surprisingly remained untrodden ground in Germany or Europe. Furthermore, it is guaranteed to provide an overview of the latest news in cases and progress in the field of climate change litigation.
Abstract
Kahl/Weller
Climate Change Litigation This handbook investigates and discusses the respective issues arising in the current discourse on climate protection from different legal perspectives (including international law, European law and national public and civil law). In particular, it addresses the issue of “climate protection by courts”. It gives an overview about important jurisdictions in the field of Climate Change Litigation, including inter alia the US, Canada, Australia, UK, France, The Netherlands, Italy, Brazil and Germany. The book aims to pave the way for research in the field of climate change litigation, which up to this point has surprisingly remained untrodden ground in Germany or Europe. Furthermore, it is guaranteed to provide an overview of the latest news in cases and progress in the field of climate change litigation.
- Kapitel Ausklappen | EinklappenSeiten
- 46–46 I. Introduction 46–46
- 48–51 III. Legal nature 48–51
- 51–54 IV. Functions 51–54
- 58–60 VI. Instruments 58–60
- 60–62 VII. Conclusion 60–62
- 82–83 I. Introduction 82–83
- 95–97 V. Conclusion 95–97
- 98–99 I. Introduction 98–99
- 118–119 VI. Summary 118–119
- 120–123 I. Introduction 120–123
- 125–138 III. Jurisdiction 125–138
- 138–149 IV. Choice of Law 138–149
- 150–151 I. Introduction 150–151
- 168–169 I. Introduction 168–169
- 196–197 V. Conclusions 196–197
- 199–200 I. Introduction 199–200
- 218–219 I. Introduction 218–219
- 236–237 VI. Conclusion 236–237
- 237–238 I. Introduction 237–238
- 250–252 IV. Tort liability 250–252
- 252–253 V. Conclusion 252–253
- 254–255 I. Introduction 254–255
- 269–271 V. Conclusion 269–271
- 272–274 I. Introduction 272–274
- 286–288 V. Conclusion 286–288
- 289–290 I. Introduction 289–290
- 303–304 IV. Conclusion 303–304
- 324–325 I. Introduction 324–325
- 335–336 V. Conclusion 335–336
- 337–338 I. Introduction 337–338
- 363–365 I. Introduction 363–365
- 365–372 II. The Urgenda case 365–372
- 377–378 IV. Conclusions 377–378
- 380–382 I. Introduction 380–382
- 392–398 V. Applicable law 392–398
- 403–405 VII. Summary 403–405
- 412–423 III. The law of delict 412–423
- 423–423 IV. Strict liability 423–423
- 423–427 V. Law of nuisance 423–427
- 427–429 VI. Conclusion 427–429
- 430–431 I. Introduction 430–431
- 433–434 III. Nature of liability 433–434
- 437–439 VI. Environmental impact 437–439
- 439–445 VII. Causation 439–445
- 446–447 IX. Conclusion 446–447
- 450–452 I. Introduction 450–452
- 469–470 I. Introduction 469–470
- 486–487 VI. Conclusion 486–487
- 488–507 X. Liability for climate damages under the Environmental Damage Act (Kahl/Stürmlinger) 488–507
- 488–489 I. Introduction 488–489
- 496–502 III. Responsible party 496–502
- 502–505 IV. Legal effects 502–505
- 505–507 V. Conclusion 505–507
- 509–513 I. Introduction 509–513
- 530–535 VI. Conclusion 530–535
- 535–537 I. Introduction 535–537
- 539–540 4. Duties of protection 539–540
- 541–541 2. Applicable law 541–541
- 543–544 1. USA 543–544
- 544–544 2. Canada 544–544
- 544–544 3. Brazil 544–544
- 544–545 4. Australia 544–545
- 545–546 5. United Kingdom 545–546
- 546–546 6. Italy 546–546
- 546–548 7. France 546–548
- 548–549 8. Netherlands 548–549
- 550–550 2. Role of the NGOs 550–550
- 554–558 4. Private enforcement 554–558
- 558–561 5. Conclusion 558–561
- 561–566 Index 561–566
46 Treffer gefunden
- „... other hand, the urgency of bringing the date to achieve a net zero target forward from 2050 will ...” „... role of the judiciary vis-à-vis the executive may well become more contentious. To date the judiciary ...” „... relation to climate litigation in the UK to date. Like many countries in the Global North, 100 Committee on ...”
- „... bringing the date to achieve a net zero target forward from 2050 will increase in future years as the ...” „... the executive may well become more contentious. To date the judiciary in the UK has usually tried to ...” „... to date. Like many countries in the Global North, 100 Committee on Climate Change, Net Zero: The UK’s ...”
- „... majority of climate change litigation in Australia has, to date, concerned the environmental impact ...” „... industries 59 To date, there have not been cases in Australia against the operators of large-scale ...” „... . Even though the majority of cases to date have arisen in the environmental impact assessment context ...”
- „... jurisdiction.29 But to date, it has not taken any decision directly concerning climate change.30 The same ...” „... . 6. Part 6. Conclusions 538 Kahl/Weller 9To date, the majority of court decisions dealing with ...”
- „... V. Climate change litigation: country reports 1. USA 22With 700 to 800 proceedings to date, the USA ...” „... actions in Australia focuses on official environmental impact assessments and authorizations.102 To date ...”
- „... the date of the most recent judgment and the date of compliance with the 2008 judgment.43 26 In 2019 ...”
- „... York Convention to date.14 No other international treaty or legal source has influenced the success of ...” „... investment tribunal at a later date into an investment court where proceedings relating to other free trade ...” „... &clang=_en;to date (March 2020), only five states have ratified the convention, however. 25 Cf ...”
- „... environmental liability in international law. To date, there is no international regulation.68 Instead, there ...” „... . Climate change litigation: country reports 1. USA 22With 700 to 800 proceedings to date, the USA is the ...”
- „... reach the defendant via an injunction or penalty. 13 c) Overview of legal sources. There is to date no ...” „... decision (eDate Advertising),48 where the infringement occurred through an article published on the ...” „... eDate Advertising GmbH v X [2011] ECR I-10269 (case note W.-H. Roth, IPRax 2013, 215). 49 Lehmann/Eichel ...”
- „... on arbitration. 49 To date, the parties have not agreed on an Annex for Arbitration setting out the ...” „... Nations Commission on International Trade Law (UNCITRAL) in force on the effective date of the Terms and ...” „... Rules in effect on the date of this Agreement. The place of arbitration shall be The Hague, the ...”
- „... date science. Given the ruling and subsequent coverage of the issue, there would undoubtably be much ...” „... opposition to such a provision. The Court stated that the Government must use the most up to date ...” „... submitted to challenge the MacKay and Stone Report that showed more up to date climate impacts of fracking ...”
- „... litigation. To date, private enforcement – provided that it is not directed against a specific project but ...” „... courts to date. 62 But many procedures have attracted media attention, not least because the plaintiffs ...”
- „... environmental liability in international law. To date, there is no international regulation.68 Instead, there ...”
- „... environmental liability in international law. To date, there is no international regulation.68 Instead, there ...”
- „... actions in Australia focuses on official environmental impact assessments and authorizations.102 To date ...”
- „... actions in Australia focuses on official environmental impact assessments and authorizations.102 To date ...”
- „... change action has been brought in Italy to date.119 But more recently, non-governmental organizations ...”
- „... appeared only indirectly in the proceedings to date, by supporting the action of a private party which can ...”
- „... jurisdiction.29 But to date, it has not taken any decision directly concerning climate change.30 The same ...”
- „... date, cause damage, liability according to the UmweltHG can apply.140 133 Ibid., 710. 134 Ibid., 709 ...”
- „... 9To date, the majority of court decisions dealing with climate change have been issued by national ...”
- „... Wolfrum‘s contribution deals with the issue of environmental liability in international law. To date, there ...”
- „... actions in Australia focuses on official environmental impact assessments and authorizations.102 To date ...”
- „... appeared only indirectly in the proceedings to date, by supporting the action of a private party which can ...”
- „... impact that it will have on economic growth and prosperity – a risk that markets to date have been slower ...”
- „... have jurisdiction.29 But to date, it has not taken any decision directly concerning climate change.30 ...”
- „... remarkable climate change action has been brought in Italy to date.119 But more recently, non-governmental ...”
- „... proceedings to date, by supporting the action of a private party which can claim an independent legal ...”
- „... question to date. At most, scholars point out that the EDA is not an instrument of climate protection law20 ...” „... EDA encompasses climate damages, the concept of climate damage must first be defined. To date, there ...”
- „... of cases to date have arisen in the environmental impact assessment context, there is still the ...”
- „... decisionmaker must consider in making their decision. To date, these statutes do not require governments to ...” „... litigation in Australia has, to date, concerned the environmental impact assessment process. Whilst section ...”
- „... https://www.bmu.de/fileadmin/Daten_BMU/Download_PDF/Strategien_Bilanzen_Gesetze/uschadg_en.pdf. For a general introduction into the aims and background of the EDA see Beckbissinger, EurUP 2020 ...”
- „... change action has been brought in Italy to date.119 But more recently, non-governmental organizations ...”
- „... date of damage occurring until primary remediation has achieved its full effect (Annex II no. 1 c) ELD ...”
- „... that date, the EnWG just called for inexpensive, safe, and reliable energy supply. It was understood ...” „... be located in the 1990s, this does not mean that emissions after that date automatically deserve the ...”
- „... the date of the most recent judgment and the date of compliance with the 2008 judgment.43 26 In 2019 ...”
- „... .7 1. Background to climate change litigation in the UK 4As mentioned above, to date, the UK has not ...”
- „... with fundamental challenges, which have been handled insufficiently to date. After the debate reached ...”
- „... impact that it will have on economic growth and prosperity – a risk that markets to date have been slower ...”
- „... . According to climate scientists, given the relatively small degree of global warming to date, clear impacts ...”
- „... intensified with environmental impacts after this date, cause damage, liability according to the UmweltHG can ...”
- „... which states that such a reduction by end-2020 is needed to achieve the 2ºC target (AR4) dates back to ...”
- „... litigation Cordonier Segger/Arvan/Byron/Srinivas 175 moderate success to date, it is anticipated that ...”
- „... session in which it was adopted and the date of adoption A1P1 ................................... Article ...”
- „... behaviour. 61To date there have been at least 40 cases brought against Spain in the wave of litigation by ...”
- „... change, to date, there has been only little in-depth academic research in France, in spite of a growing ...”