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Extreme Weather and Climate Change – Implications for Liability

Increasingly we are witnessing a concerted effort in the attempt to utilise international law in the context of climate change beyond regulatory frameworks. This is perhaps particularly so when it comes to attempts to establish responsibility and liability for the harms and effects associated with climate change. Notwithstanding significant problems with this (most notably causation), such attempts include the forging of links between human rights regimes and climate change and debates on the application on the standard rules of international law of state responsibility, liability and obligations of due diligence to climate change.

In this light, readers with an interest in climate change are urged to take a look at the forum debate on the Yale Environment 360 website where eight leading climate scientists offer answers to the question ‘Is extreme weather linked to global warming?’. While we should bear in mind the question of causation is different in law than in science, scientific discussions will inevitably form a part of any argument seeking to establish liability for any climate change associated harms.

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