The International Law Association’s Legal Principles on Climate Change and Climate Liability Under Public International Law
In: Climate LawSearch for other papers by Christoph Schwarte in
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In April 2014, the International Law Association (ila) adopted draft articles on the existing legal principles relating to climate change. Developed by leading legal scholars, these draft articles with commentaries formulate potential guidance to states in their joint efforts to tackle climate change and negotiate a new international agreement. The ila finds that the general principles of public international and international environmental law apply to climate change. States are under a ‘due diligence’ obligation to ensure that ghg emissions under their jurisdiction or control do not cause damage in other states or areas beyond national jurisdiction. States that violate the duty of prevention can be held liable. However, there are different obligations and rights for industrialised and developing countries. The ila’s Legal Principles Relating to Climate Change clarify and develop the relevant criteria. Overall, they mark a paradigm shift in favour of ‘victim states’ that are particularly exposed to the negative effects of climate change. As a result, the traditional beneficiaries of international charity have become creditors with legal rights.
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13
Ian Brownlie, Principles of Public International Law (Oxford: Oxford University Press, 7th ed., 2008), at 275–285; Patricia Birnie, Alan Boyle, and Catherine Redgwell, International Law and the Environment (Oxford: Oxford University Press, 3rd ed., 2009), at 143–152.
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Ian Brownlie, Principles of International Law, p. 458. See also Convention on International Liability for Damage Caused by Space Objects (adopted 29 November 1971, entered into force 1 September 1972), Article IV; and unclos, Art. 139, para.2.
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Will Frank, ‘Überlegungen zur Klimahaftung nach Völkerrecht’, NVwZ Extra, 11-7-2014 <www.nvwz.de>.
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René Lefeber, Transboundary Environmental Interference and the Origin of State Liability (The Hague: Kluwer Law, 1996), at 129.
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Rüdiger Wolfrum, ‘International Courts and Tribunals, Evidence’, Max Planck Encyclopaedia of Public International Law, 2013, p. 69.
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Harald Hohmann, Precautionary Legal Duties and the Principles of Modern International Environmental Law (London: Graham and Trotman/Martinus Nijhoff, 1994), p. 10.
| All Time | Past 365 days | Past 30 Days | |
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The International Law Association’s Legal Principles on Climate Change and Climate Liability Under Public International Law
In: Climate LawSearch for other papers by Christoph Schwarte in
Current site
Google Scholar
PubMed
Search for other papers by Will Frank in
Current site
Google Scholar
PubMed
In April 2014, the International Law Association (ila) adopted draft articles on the existing legal principles relating to climate change. Developed by leading legal scholars, these draft articles with commentaries formulate potential guidance to states in their joint efforts to tackle climate change and negotiate a new international agreement. The ila finds that the general principles of public international and international environmental law apply to climate change. States are under a ‘due diligence’ obligation to ensure that ghg emissions under their jurisdiction or control do not cause damage in other states or areas beyond national jurisdiction. States that violate the duty of prevention can be held liable. However, there are different obligations and rights for industrialised and developing countries. The ila’s Legal Principles Relating to Climate Change clarify and develop the relevant criteria. Overall, they mark a paradigm shift in favour of ‘victim states’ that are particularly exposed to the negative effects of climate change. As a result, the traditional beneficiaries of international charity have become creditors with legal rights.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1848 | 204 | 2 |
| Full Text Views | 384 | 11 | 0 |
| PDF Views & Downloads | 418 | 37 | 0 |
