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The State as Polluter Challenge in Climate Law.

Record Type:	Electronic resources : Monograph/item
Title/Author:	The State as Polluter Challenge in Climate Law./
Author:	Lorteau, Steve.
Published:	Ann Arbor : ProQuest Dissertations & Theses, : 2021,
Description:	269 p.
Notes:	Source: Masters Abstracts International, Volume: 83-06.
Contained By:	Masters Abstracts International83-06.
Subject:	Environmental law. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=28771856
ISBN:	9798496547109

The State as Polluter Challenge in Climate Law.
Lorteau, Steve.

The State as Polluter Challenge in Climate Law. - Ann Arbor : ProQuest Dissertations & Theses, 2021 - 269 p.

Source: Masters Abstracts International, Volume: 83-06.

Thesis (LL.M.)--University of Toronto (Canada), 2021.

This item must not be sold to any third party vendors.

It is commonly assumed that private actors cause climate change. This assumption problematizes international environmental law and suggests that the conduct of private actors should be the principal focus of climate law. This thesis challenges the empirical predicate and legal implications of this common assumption. The assumption is empirically wrong because states-controlled polluters are responsible for much of the global greenhouse gas emissions. The assumption is also legally misleading because it obscures a state's obligations under international climate change law. Acknowledging the state's direct contributions to climate change and its attendant legal consequences justifies litigation against states and their entities, or 'state as polluter' litigation. The trajectory of state as polluter litigation, however, will be shaped by the law of state attribution and the law of state immunity. These jurisdictional hurdles limit the scope -but do not foreclose - the possibility of state as polluter litigation before international and foreign tribunals.

ISBN: 9798496547109Subjects--Topical Terms:

560666
Environmental law.
Subjects--Index Terms:

Climate law

The State as Polluter Challenge in Climate Law.
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500 $a Source: Masters Abstracts International, Volume: 83-06.
500 $a Advisor: Brunnee, Jutta.
502 $a Thesis (LL.M.)--University of Toronto (Canada), 2021.
506 $a This item must not be sold to any third party vendors.
520 $a It is commonly assumed that private actors cause climate change. This assumption problematizes international environmental law and suggests that the conduct of private actors should be the principal focus of climate law. This thesis challenges the empirical predicate and legal implications of this common assumption. The assumption is empirically wrong because states-controlled polluters are responsible for much of the global greenhouse gas emissions. The assumption is also legally misleading because it obscures a state's obligations under international climate change law. Acknowledging the state's direct contributions to climate change and its attendant legal consequences justifies litigation against states and their entities, or 'state as polluter' litigation. The trajectory of state as polluter litigation, however, will be shaped by the law of state attribution and the law of state immunity. These jurisdictional hurdles limit the scope -but do not foreclose - the possibility of state as polluter litigation before international and foreign tribunals.
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