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 recognizing that there are often no self-explanatory answers. The lessons drawn are applied to hypothetical future cases. Climate Litigation in a Changing World provides a basis for well-reasoned choices about measures that could, and will likely have to be, effectuated. Taking insufficient measures may give rise to liability. A keen understanding of these issues is vital for legal advisors, investors, NGO’s, businesses and prospective lawyers to anticipate future legal developments. With thanks to Bastiaan Kock for his valued contribution and assistance in the creation of this book.
Jaap Spier was Advocate General at the Dutch Supreme Court (1997-2016); Senior Associate at the University of Cambridge Institute for Sustainability Leadership; Extraordinary Professor of Global Challenges at the University of Stellenbosch; co-founder of Expert Group which issued the Oslo Principles and both editions of the Principles on Climate Obligations of Enterprises (also author of the commentaries thereto); Honorary President and founder of the European Group on Tort Law, former professor at Tilburg University and Extraordinary Professor Maastricht University and University of Amsterdam.