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Climate Litigation in a Changing World
Climate change poses tremendous legal challenges. The law is still largely unsettled. Seeing the global consequences of GHG emissions, many enterprises may face litigation before courts in multiple jurisdictions. The outcome of these cases is often hard to predict. It is in the best interest of humankind and the environment to create global obligations, for instance in the form of concrete obligations of States and enterprises, which can be applied by courts around the globe. Using a myriad of legal sources as a basis, this book explores recurring legal features and remedies in the context of climate litigation. It explores the advantages and disadvantages of specific choices, while recogniz...
Climate Change Remedies
ÿClimate change poses very serious risks to mankind. Adaptation and damages are emphasised more and more. Although adaptation is important, priority should be given to prevention (mitigation). The contributions in this volume emanate from an international research project that deals with a legal kaleidoscope of legal issues and focuses primarily on preventive remedies. The contributions of Spier and Magnus tackle injunctive relief and discuss the myriad of legal questions courts have to answer if they are willing to grant injunctive relief. This part of the book addresses procedural, private international and substantive law. Kemp?s contribution discusses the role criminal law could play to come to grips with the threats of climate change. So far, the greater part of the debate is about the United States, Europe and, increasingly, Asia. Ruppel fills this gap by painting an African perspective.
Globalization and Private Law
This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.
Principles on Climate Obligations of Enterprises
"This document will help corporate leaders to make informed decisions about the measures to be taken, and allows others - investors, Prudential Authorities, accountants and NGOs - to assess whether the required measures have been implemented." Gordon Brown, former Prime Minister of the UK "The principles, as now updated, can be taken as a fair indication as to how the law stands or is likely to develop." Lord Carnwath, former Justice of the UK Supreme Court Climate change is the most important challenge humankind ever faced. GHG emissions must be reduced at great pace and to a significant extent to keep global warming below fatal thresholds. This can only be achieved if the obligations of ma...
Unification of Tort Law
Covers various European countries, Israel, South Africa, and the United States.
The Limits of Expanding Liability:Eight Fundamental Cases in a Comparative Perspective
Liability law is expanding in many areas and many countries. This development is potentially worrisome. It may affect the availability of useful goods and services and has a negative impact on insurability. This calls for research into techniques to keep liability (law) within reasonable and sustainable limits. This book sheds light on the techniques used in the respective countries, highlighted on the basis of eight cases
European Tort Law
This publication deals with central aspects of European tort law. Most of the contributions are written from a comparative perspective and with a view towards the unification of European tort law. Much debated developments in important areas, e.g. psychological lesion, product liability, the compensation of non-pecuniary loss and problems known under the headings -wrongful birth/wrongful life-, are discussed, taking into account recent court decisions both on the national and European levels. Two contributions dealing with comparative institutional analysis and economic analysis of the law represent modern approaches to the evaluation and future development of tort law in general. This truly European orchestra on tort law is completed by an analysis of Eastern European sources - which shed light onto the dogmatic foundations and the desirability of general presumptions of fault - and the experience of a mixed jurisdiction (South Africa)."
Unification of Tort Law:Damages
The foundations of tort law in various European legal systems differ considerably. Until now, there has not been an attempt to harmonise the entire field of tort law in a consistent manner. To rectify this, a group of tort lawyers has proposed to address the fundamental questions underlying every tort law system. The result is this important series of books, which searches for a common law of Europe without the necessity yet to lay these principles down in formal legal texts, such as a European civil code. Identifying the most relevant factors in establishing liability as wrongfulness, causation, damage, fault, and the area of strict liability, the authors concentrate on the tort liability f...
Climate Change Remedies
This volume in the series 'Legal Perspectives of Global Challenges' brings together various contributions on climate change remedies. The papers emanate from an international research project, set up under the auspices of the Stellenbosch Institute for Advanced Study, dealing with how the law can meaningfully contribute to the debate on global challenges, such a sustainable development and climate change. The contributions are written by experts in the field and will be of interest to environmental lawyers and policy makers.
