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A. Zahar (2014)
Mediated versus cumulative environmental damage and the International Law Association's legal principles on climate changeClimate Law, 4
International Climate Change Law, supra note 1
(2009)
For an analysis of further practice, see Restatement (Fourth) of the Foreign Relations Law of the United States
(2014)
One need only refer to the ipcc's Fifth Assessment
Precaution and Climate Change' , supra note 82
I. Plakokefalos (2012)
Seabed Disputes Chamber of the International Tribunal for the Law of the Sea: responsibilities and obligations of states sponsoring persons and entities with respect to activities in the Area: advisory opinionJournal of Environmental Law, 24
The thrust of Quiggin's argument is that this also shifts the burden of proof to the acting party
(2015)
Such a de minimis was not found necessary to establish a causal link for the duty of care under Dutch law in the case Urgenda Foundation v. The State of the Netherlands
For further analysis, see Peel, supra note 104
(1941)
analysing among others the Trail Smelter Case (United States v. Canada), Arbitration, 1938 and 1941 Decisions, unriaa
The national greenhouse gas inventories required under unfccc may be useful here. See, Verheyen supra note 11, at 254; and Mayer
(1986)
Third) of the Foreign Relations Law of the United States
Natalie Dobson, Cedric Ryngaert (2017)
PROVOCATIVE CLIMATE PROTECTION: EU ‘EXTRATERRITORIAL’ REGULATION OF MARITIME EMISSIONSInternational and Comparative Law Quarterly, 66
I am most indebted to Benoit Mayer for this argument
Further on this distinction, see ibid
J. Peel (2015)
The Practice of Shared Responsibility in Relation to Climate Change
Amidst the lively discussion on legal fragmentation and climate change, this article seeks to highlight the windows for the potential interaction of jurisdictional and environmental norms. This is relevant for climate-protective trade measures, which, it is argued, are not exhaustively regulated by wto law. Exploring the contours of ‘climate change jurisdiction’ in customary international law, the article considers how the traditional jurisdictional principles may be operationalized in the untested territory of cumulative and uncertain environmental harm. With their origins in criminal and economic law, the jurisdictional principles were not originally designed for these challenges. This paper argues that the environmental norm of precaution, which originated out of a need to respond to complex threats, should have a role to play. Precaution governs issues of state regulatory competence in the face of scientific uncertainty. Particularly in relation to questions of foreseeability and causation, this norm may be helpful in navigating the application of the abstract jurisdictional principles, providing opportunities for synergy in the crystallization of the climate change jurisdiction.
Climate Law – Brill
Published: Oct 31, 2018
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