Promovendus: Mw. E.V. Kosolapova

Promotor: Prof.Dr.Mr. R.J.M. Lefeber

Duur: 1/9/2008 - 31/8/2012

Promotie: Amsterdam, 16/3/2013

Abstract:

As of now, no interstate cases invoking climate change liability have been tried by international courts and although there have been attempts to include the polluter-pays principle in the UN Framework Convention on Climate Change, attempts they remained, and at present there is no international treaty on climate change liability. The PhD dissertation addresses the question whether states can be held liable for the failure to take adequate mitigation measures (even in the absence of specific treaty obligations). The present research examines how national courts deal with climate change lawsuits focusing, in particular, on injunctive relief. It further assesses the suitability of the injunctive relief mechanism for addressing climate change in international law. The central research question reads: is injunctive relief a suitable mechanism in international law to prevent dangerous antrhropogenic interference with the climate system?