An Inconvenient Deliberation The Precautionary Principle's Contribution to the Uncertainties Surrounding Climate Change Liability

The allocation of responsibilities—implicit interms of the burden-sharing mechanisms that currently exist in public andprivate governance—demands recourse under liability law, especially as it hasbecome clear that most companies will only start reducing emissions ifverifiable costs of the economic consequences of climate change, including thelikelihood of liability, outweigh the costs of taking precautionary measures.This vitally important book asks: Can the precautionary principle makeuncertainty judiciable in the context of liability for the consequences ofclimate change, and, if so, to what extent? Drawing on the full range ofpertinent existing literature and case law, the author examines theprecautionary principle both in terms of its content and application and inthe context of liability law. She analyses the indirect means offered byexisting legislation being used by environmental groups and affectedindividuals before the courts to challenge both companies and regulators asresponsible agents of climate change damage. In the process of responding toits fundamental question, the analysis explores such further questions as thefollowing:;What is the role of the precautionary principle in resolving uncertainty inscientific risk assessment when faced with inconclusive evidence, and how doesit affect decision-making, particularly in the regulatory choices concerningclimate change? To this end, what is the concrete content of the precautionaryprinciple?;How does liability law generally handle scientific uncertainty? What differenttypes of liability exist, and how are they equipped to handle a climate changeliability claim?What type of liability is best suited for precautionary measures or a lackthereof? Can the application of the precautionary principle make a differenceto the outcomes of climate change liability claims?In order to draw conclusions concerning the legal uncertainties posed byclimate change, the author draws examples from national legislationsrepresentative of the various legal systems, as well as from existingtreaties. General rules and obligations relevant to climate change liabilityare examined, and a selection of actual legal cases from around the worldconcerning climate change, be it actual liability claims or litigationindirectly relevant to a claim, is also presented. As an overview of thedifferent legal challenges created by climate change liability, this book iswithout peer. The practical meaning and impact of these findings for lawyers(whether corporate or activist), for regulators and policymakers, and fordecision-makers in governmental bodies and private companies is immeasurable.