Climate change litigation under tort law : a comparative approach

Diplôme Master Climate change litigation under tort law : a comparative approach eng 2023-12-15 author Pessis-Cordin Carlotta Ludivine Ninon 850015 director Kadner Graziano Thomas 79163 Département de droit international privé (INPR1) 71 This research focuses on climate claims aimed at ordering governments or companies to reduce their greenhouse gas (GHG) emissions in France, Germany, the Netherlands and Switzerland, until December 2023. Traditionally, tort law aims at obliging a tortfeasor to compensate a victim for the damage he or she has caused. In climate claims, however, the aim is not so much to compensate for past damage as to prevent this damage from worsening, by forcing polluters to reduce their present and future emissions. Moreover, the damage faced by victims is not so much climate change per se as the natural disasters it causes. Furthermore, climate change is the result of the worldwide accumulation of GHG emissions over the past decades. Therefore, climate claims raise a number of issues under tort law, with regard to wrongfulness, damage and causation. It raises the following question: to what extent does climate change litigation affect the features of tort liability, and vice versa? Dewey 340 Maîtrise en droit économique 5 Faculté de droit 5 false 3e7a131d-d8a7-4337-b19d-f3eda4d4ca39 Master thesis Public CP_master_thesis_final.pdf 750703 application/pdf a66fa0f6cb9bf6fad7e2431b6c695c9bae0423ae8b6fed8718b7faa6d9afa4ed openAccess Faculté de droit

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Climate change litigation under tort law : a comparative approach				2023	162	506

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