Corporate Accountability and Liability for Climate Change

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Corporate Accountability and Liability for Climate Change

9781035333219 Edward Elgar Publishing
Edited by Elbert de Jong, Professor of Private Law, Utrecht Centre for Accountability and Liability Law, Utrecht University, the Netherlands
Publication Date: November 2024 ISBN: 978 1 03533 321 9 Extent: 360 pp
As litigation rises against corporations and their climate change policies, this timely book examines their accountability and liability. It illustrates the potential and limitations of legal doctrines across human rights law, soft law, contract law, consumer law and non-contractual liability law for holding corporations responsible for climate change.

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Critical Acclaim
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As litigation rises against corporations and their climate change policies, this timely book examines their accountability and liability for climate change related matters. Covering both national and international law, it investigates approaches to corporate social responsibility, shedding light on how these strategies can help protect human rights and the environment.

This book illustrates the potential and limitations of legal doctrines across human rights law, soft law, contract law, consumer law and non-contractual liability law for holding corporations responsible for climate change. The contributing authors explore interconnected aspects of corporate transnational climate law, relating contemporary problems to traditional areas of private law. Ultimately, this prescient book provides valuable legal insights into the challenges of corporate accountability and liability for climate change and identifies important pathways for the future of litigation.

Corporate Accountability and Liability for Climate Change is a valuable resource for students and scholars of corporate social responsibility and climate law and governance. It will also be of relevance to practitioners and policymakers with an interest in litigation and regulatory strategies.
Critical Acclaim
‘A crucial resource for understanding the evolving landscape of corporate responsibility in the era of climate change. By exploring the complex transnational legal frameworks governing corporate climate accountability and liability, it offers insights into legal doctrines, regulatory initiatives, and litigation strategies while addressing key bottlenecks and challenges. Essential reading for scholars, policymakers, and practitioners committed to advancing corporate accountability and effectively addressing climate change.’
– Ivano Alogna, British Institute of International and Comparative Law, UK

‘This is a book that comes right on time and a must for anyone interested in either liability of corporations or climate change law. In 14 chapters, many important aspects of corporate accountability and liability for climate change are meticulously analysed at a very high level.’
– Michael Faure, Maastricht University and Erasmus University Rotterdam, the Netherlands
Contents
Contents
1 Introduction 1
Elbert de Jong, Anneloes Kuiper, Marlou Overheul and
Anne-Jetske Schaap
2 Greenhouse gas emissions in global value chains:
governance, regulation and liability 13
Jaakko Salminen, Mikko Rajavuori and Mika Viljanen
3 Corporate actors and climate harms: the role of human rights law 33
Jacques Hartmann and Annalisa Savaresi
4 Evolving business responsibilities for climate-related
harms under the united nations guiding principles on
business and human rights and OECD MNE guidelines 53
Sara L. Seck and Lisa Benjamin
5 Contracting for climate change in GVC 86
Nevena Jevremović
6 The potential of contractual assurances to advance supply
chain due diligence 109
Jaap Baaij and Alex Geert Castermans
7 Consumers’ contribution to climate change mitigation and
their empowerment through EU law 141
Tania Pantazi
8 From climate risk to climate opportunity: a functional
framework for pension fund investment governance 167
Esmeralda Colombo
9 Liability for climate change impacts: the role of climate
attribution science 205
Rupert F. Stuart-Smith, Friederike E.L. Otto and Thom Wetzer
10 Strict liability for climate harm: the case of Norway 234
Jenny Sandvig and Christina Voigt
11 Liability of non-state actors for scope 3-emissions 250
Edward Brans and Mathijs Peters
12 The role of the courts in private climate change litigation 269
Laurien Nijenhuis
13 The economics of climate damage assessment in courts 290
Francesca Leucci
14 Compensation funds for climate change – potential
developments from a comparative law perspective 311
Kim Watts
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