Causation is typically conceptualised as a two-step process, comprising a factual and a normative component. In accordance with this respective two-tiered understanding of causation, this chapter focuses on the second step of causal determination within the legal context, namely normative causation. By initially tracing various sources of climatic normativity, it depicts how factual causal chains are to be adapted in light of normative causation. The main emphasis hereby resides on the concept of climate justice and the general principles of international environmental law, which find considerable use and implementation in the tests of foreseeability and materiality. This chapter further illustrates how in addition to the concepts of foreseeability and materiality, persisting and commonly used theories such as the theory of proximate cause and the theory of adequacy are applicable and adaptable in climate-specific matters. The ultimate aim of this chapter is to provide a comprehensive elaboration of the specific normative doctrines in terms of their applicability to climate scenarios and their use in climate change litigation.

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Normative Causation

  • Meike Krakau

摘要

Causation is typically conceptualised as a two-step process, comprising a factual and a normative component. In accordance with this respective two-tiered understanding of causation, this chapter focuses on the second step of causal determination within the legal context, namely normative causation. By initially tracing various sources of climatic normativity, it depicts how factual causal chains are to be adapted in light of normative causation. The main emphasis hereby resides on the concept of climate justice and the general principles of international environmental law, which find considerable use and implementation in the tests of foreseeability and materiality. This chapter further illustrates how in addition to the concepts of foreseeability and materiality, persisting and commonly used theories such as the theory of proximate cause and the theory of adequacy are applicable and adaptable in climate-specific matters. The ultimate aim of this chapter is to provide a comprehensive elaboration of the specific normative doctrines in terms of their applicability to climate scenarios and their use in climate change litigation.