Kosolapova, Elena --- "Emissions trading systems and international liability of single major emissions sources" [2016] ELECD 1499; in Weishaar, E. Stefan (ed), "Research Handbook on Emissions Trading" (Edward Elgar Publishing, 2016) 257

Book Title: Research Handbook on Emissions Trading

Editor(s): Weishaar, E. Stefan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784710613

Section: Chapter 11

Section Title: Emissions trading systems and international liability of single major emissions sources

Author(s): Kosolapova, Elena

Number of pages: 30

Abstract/Description:

This chapter discusses the international liability of single major greenhouse gas (GHG) emitters. It demonstrates that the international climate regime is not equipped with a liability mechanism and that the current approaches to state liability in international law are incapable of addressing climate change-related damage. Obstacles to domestic climate change liability are also identified. The chapter then goes to show that both States and private enterprises – even those operating within or falling under an emissions trading system (ETS) – are bound by the international customary law obligation to prevent significant transboundary harm. It examines how the procedural and substantive duties related to this obligation can provide the legal basis for challenging single emissions sources.