Details zur Publikation

Referenztyp Zeitschriften
DOI / URL Link
Titel (primär) Liability for climate change: the benefits, the costs, and the transaction costs
Autor Schwarze, R.
Journal / Serie University of Pennsylvania Law Review
Erscheinungsjahr 2007
Department OEKON
Band/Volume 155
Heft 6
Seite von 1947
Seite bis 1952
Sprache englisch
Abstract As we learn that the danger of climate change is real and imminent, we need to develop social mechanisms to redistribute the uneven economic damages resulting from it, both nationally and internationally. The polluter-pays principle, which is widely applied in environmental policy, is an immediate way to do this. Liability for climate change has several advantages: it could generate knowledge about the size and probability of economic damages, and it would create institutions to minimize these costs, such as insurance. However, the liability model faces severe obstacles, in both national and international law, as many of the other speakers in this Symposium have pointed out. The duty of care and proof of causation are cornerstones of any system of liability. Both pose serious barriers to claims for compensation in this field. Depending on how these rules are implemented, claims for climate change-related damages could become crushingly expensive and cause high transaction costs, as the following example may show.
dauerhafte UFZ-Verlinkung https://www.ufz.de/index.php?en=20939&ufzPublicationIdentifier=2301
Schwarze, R. (2007):
Liability for climate change: the benefits, the costs, and the transaction costs
Univ. Pa. Law Rev. 155 (6), 1947 - 1952