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Law, justice and the role of courts in changing the social superstructure narrative in climate litigation: A Rejoinder to Benoit Mayer 1.

Authors :
Otto, Friederike E. L.
Minnerop, Petra
Raju, Emmanuel
Harrington, Luke J.
Stuart‐Smith, Rupert F.
Boyd, Emily
James, Rachel
Jones, Richard G.
Lauta, Kristian C.
Source :
Global Policy; May2023, Vol. 14 Issue 2, p416-419, 4p
Publication Year :
2023

Abstract

In I Lliuya v RWE i , the claimant relies upon §1004 German Civil Code, a provision that belongs in the system of the German Civil Code to nuisance law, I not i to the law of torts. Lastly, it should be noted that nuisance law in accordance with §1004 Civil Code does not provide for considerations such as Mayer's suggestion that 'Lliuya himself might have benefitted indirectly from the economic impact of the economic development generated by RWE and other emission-intensive activities'. [Extracted from the article]

Details

Language :
English
ISSN :
17585880
Volume :
14
Issue :
2
Database :
Complementary Index
Journal :
Global Policy
Publication Type :
Academic Journal
Accession number :
163852257
Full Text :
https://doi.org/10.1111/1758-5899.13174