Tort Law and Climate Change
Dublin Core
Title
Tort Law and Climate Change
Description
Tort law presents doctrinal barriers to plaintiffs seeking remedies for climate change harms in common law jurisdictions. However, litigants are likely to persist in pursuing tortious causes of action in the absence of persuasive policy and regulatory alternatives. Ongoing litigation in Smith v Fonterra Co-operative Group Ltd in New Zealand and Sharma v Minister for Environment in Australia highlights tensions between torts doctrine and climate change litigation in both countries. Regardless of its ultimate outcome, that litigation provides a valuable opportunity to integrate theoretical questions about the legitimacy of judicial lawmaking, and intersectional critical legal perspectives, into the teaching of torts.
Creator
Bonython, Wendy
Source
The University of Queensland Law Journal; Vol. 40 No. 3 (2021): The University of Queensland Law Journal; 421-458
1839-289X
0083-4041
Publisher
The University of Queensland School of Law
Date
2021-11-10
Rights
Copyright (c) 2021 The University of Queensland Law Journal
Relation
Format
application/pdf
Language
eng
Type
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Identifier
Collection
Citation
Wendy Bonython, Tort Law and Climate Change, The University of Queensland School of Law, 2021, accessed November 22, 2024, https://igi.indrastra.com/items/show/2665