Climate Change Liability - Introduction

Abstract

This is the introduction to an edited volume on climate change liability. The introduction sketches the reasons for writing a book on climate change liability as well as the problem definition, methodology and structure of the book. The concluding remarks show that from the contributions in the book it is clear that climate change liability may have potential, but that still substantial hurdles exist. The most important hurdle is probably the causation requirement. But in addition, in legal systems that already have legal rules with respect to emissions reduction, such as the European Emission Trading Scheme, the argument will also be heard that the obligations to reduce emissions are limited to what is included in the emission trading scheme. Moreover, the concluding remarks also show that questions arise concerning the appropriate remedy in climate change actions. Compensation may be too costly as a result of which most climate change liability actions will focus on injunctive relief.

Keywords: climate change, emission trading, liability, regulation, causality

JEL Classification: K13, K23, K32