Causation in Climate Change Litigation
摘要
Causation plays a fundamental role as a precondition in nearly every area and field of law. In questioning the function and the purpose of causation, this chapter offers an account of the approaches and doctrines used to establish cause-effect relations both on a domestic, as well as on a regional and international level. Having clarified the manner in which causation is typically employed and conceptualised within the legal domain, the chapter then proceeds to compare the respective perception with the scientific determination of causation. It places particular emphasis on climate and attribution science and the divergence in legal and scientific epistemology, demonstrating the divergence between the understanding of causation in science and law and identifying the obstacles that arise from this discrepancy. The chapter concludes by presenting the findings of the empirical, systematic and substantive analysis, which provide a strong indication for the use of climatic causation, its doctrines and normative accounts in current climate change litigation. The analysis also suggests possible ways of resolving the causation dilemma by building on more recent approaches discussed in the respective decisions.