Corporate Accountability And Liability For Climate Change
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| Author | : Elbert de Jong |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 361 |
| Release | : 2024-11-08 |
| Genre | : Law |
| ISBN | : 1035333228 |
As litigation rises against corporations and their climate change policies, this timely book examines their accountability and liability. It illustrates the potential and limitations of legal doctrines across human rights law, soft law, contract law, consumer law and non-contractual liability law for holding corporations responsible for climate change.
| Author | : Jiunn-rong Yeh、Sandrine Maljean-Dubois、Yann Kerbrat等 著 |
| Publisher | : 國立臺灣大學出版中心 |
| Total Pages | : 388 |
| Release | : 2017-01-18 |
| Genre | : Law |
| ISBN | : 9863502111 |
Climate change and its adverse impacts on nature and human society are clearly felt. Who should bear the responsibility? Should anyone be held liable for grave losses and damages related to climate change? In what way and to what extent can these issues be addressed in legal mechanisms both globally and locally? Will an international liability regime an ultimate solution? Are courts ready for and capable of resolving these disputes that find intricacy of law, policy and science? To shed light on these issues, this book is structured with four main themes on the discussions of climate change liability and related mechanisms. They are: 1) state liability and responsibility, 2) climate change litigation, 3) climate change liability and alternatives, and 4) dispute resolution and remedies. Reflections on the concepts of liability/responsibly/accountability have provided for nuanced understandings of their functional dynamics in climate change governance. Our findings also suggest that International and domestic courts have become a vital player in attribution or distribution of climate change liability. In addition to formalistic rights discourse and rigid liability regime, a few alternatives such as carbon market, insurance, mediation or soft law are also finding their ways to ensuring sustainability of climate change governance.
| Author | : Richard Lord |
| Publisher | : Cambridge University Press |
| Total Pages | : 679 |
| Release | : 2011-12-01 |
| Genre | : Law |
| ISBN | : 1139505521 |
As frustration mounts in some quarters at the perceived inadequacy or speed of international action on climate change, and as the likelihood of significant impacts grows, the focus is increasingly turning to liability for climate change damage. Actual or potential climate change liability implicates a growing range of actors, including governments, industry, businesses, non-governmental organisations, individuals and legal practitioners. Climate Change Liability provides an objective, rigorous and accessible overview of the existing law and the direction it might take in seventeen developed and developing countries and the European Union. In some jurisdictions, the applicable law is less developed and less the subject of current debate. In others, actions for various kinds of climate change liability have already been brought, including high profile cases such as Massachusetts v. EPA in the United States. Each chapter explores the potential for and barriers to climate change liability in private and public law.
| Author | : Michael Faure |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 305 |
| Release | : 2011-01-01 |
| Genre | : Science |
| ISBN | : 1849806020 |
This book sheds new light on the growing issue of using liability as a tool for both preventing and compensating for the damage caused by climate change. Michael Faure and Marjan Peeters have brought together a selection of expert contributors who explore a variety of both national and European perspectives on the topic. Climate change liability is no longer only a theoretical idea since climate changelitigation has become so hotly debated and this book examines to what extent it can be used for mitigation and adaptation issues. Chapters discuss the potential role of liability within various legal systems, like the national systems of the USA and The Netherlands, but also EU and ECHR law. Liability is outlined in a broad perspective since not only compensation for damage suffered by plaintiffs isdiscussed, but also the need for prevention in order to obtain a reduction of greenhouse gases.
| Author | : adrienne maree brown |
| Publisher | : AK Press |
| Total Pages | : 115 |
| Release | : 2021-04-22 |
| Genre | : Self-Help |
| ISBN | : 1849354197 |
Facilitation and mediation are important skills in our highly organized world. Holding Change is a guide for attending to both in ways that align with nature, with pleasure, with our best imaginings of our future. It provides lessons for generating the ease necessary to move through life’s inevitable struggles and for practicing the art of holding others without losing ourselves. Black feminists have evolved this wisdom, but it can serve anyone working to create change, individually, interpersonally, and within our organizations. The majority of the book is sourced from brown’s twenty-plus years of facilitation and mediation work, with additional wisdom from a selection of living Black feminist facilitators and mediators.
| Author | : Doelle, Meinhard |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 480 |
| Release | : 2021-11-17 |
| Genre | : Law |
| ISBN | : 1788974026 |
This timely Research Handbook offers an insightful review of how legal systems Ð whether domestic, international or transnational Ð can and should adjust to fairly and effectively support loss and damage (L&D) claims in climate change law.Ê International contributors guide readers through a detailed assessment of the history and current state of L&D provisions under the UN climate regime and consider the opportunities to fund L&D claims both within and outside the UN climate system.Ê
| Author | : William C. G. Burns |
| Publisher | : Cambridge University Press |
| Total Pages | : 413 |
| Release | : 2009-07-27 |
| Genre | : Law |
| ISBN | : 1139480898 |
Courts have emerged as a crucial battleground in efforts to regulate climate change. Over the past several years, tribunals at every level of government around the world have seen claims regarding greenhouse gas emissions and impacts. These cases rely on diverse legal theories, but all focus on government regulation of climate change or the actions of major corporate emitters. This book explores climate actions in state and national courts, as well as international tribunals, in order to explain their regulatory significance. It demonstrates the role that these cases play in broader debates over climate policy and argues that they serve as an important force in pressuring governments and emitters to address this crucial problem. As law firms and public interest organizations increasingly develop climate practice areas, the book serves as a crucial resource for practitioners, policymakers and academics.
| Author | : Oonagh E. Fitzgerald |
| Publisher | : McGill-Queen's Press - MQUP |
| Total Pages | : 446 |
| Release | : 2020-10-06 |
| Genre | : Business & Economics |
| ISBN | : 1928096948 |
The contributors to Corporate Citizen explore the legal frameworks and standards of conduct for multinational corporations. In a globalized world governed by domestic and international law, these corporations can be everywhere and nowhere at once, reaping financial benefits and enjoying the protections of investor-state arbitration but rarely being held accountable for the economic, environmental, and human rights harms they may have caused. Given the far-reaching power and success of the transnational corporation, and the many legal tools allowing these companies to avoid liability, how can governments protect their citizens? Broad-ranging in perspective, colourful and thought-provoking, the chapters in Corporate Citizen make the case that because the success of corporate global citizenship risks undermining national and international democratic governance, the multinational corporation must be more closely scrutinized and controlled – in the service of humanity and the protection of the natural environment.
| Author | : Pollman, Elizabeth |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 432 |
| Release | : 2021-09-28 |
| Genre | : Law |
| ISBN | : 1789902916 |
This insightful Research Handbook contributes to the theoretical and practical understanding of corporate purpose and personhood, which has become the central debate of corporate law. It provides cutting-edge thoughts on the role of corporations in society and the nature of their rights and responsibilities.
| Author | : Elbert de Jong |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2024-11-28 |
| Genre | : Business & Economics |
| ISBN | : 9781035333219 |
As litigation rises against corporations and their climate change policies, this timely book examines their accountability and liability for climate change related matters. Covering both national and international law, it investigates approaches to corporate social responsibility, shedding light on how these strategies can help protect human rights and the environment. This book illustrates the potential and limitations of legal doctrines across human rights law, soft law, contract law, consumer law and non-contractual liability law for holding corporations responsible for climate change. The contributing authors explore interconnected aspects of corporate transnational climate law, relating contemporary problems to traditional areas of private law. Ultimately, this prescient book provides valuable legal insights into the challenges of corporate accountability and liability for climate change and identifies important pathways for the future of litigation. Corporate Accountability and Liability for Climate Change is a valuable resource for students and scholars of corporate social responsibility and climate law and governance. It will also be of relevance to practitioners and policymakers with an interest in litigation and regulatory strategies.
