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Tort Law and Climate Change
Author(s) -
Wendy Bonython
Publication year - 2021
Publication title -
university of queensland law journal
Language(s) - English
Resource type - Journals
eISSN - 1839-289X
pISSN - 0083-4041
DOI - 10.38127/uqlj.v40i3.6043
Subject(s) - lawmaking , tort , plaintiff , law , doctrine , political science , legitimacy , law reform , common law , project commissioning , vicarious liability , climate change , publishing , legislature , liability , politics , ecology , biology
Tort law presents doctrinal barriers to plaintiffs seeking remedies for climate change harms in common law jurisdictions. However, litigants are likely to persist in pursuing tortious causes of action in the absence of persuasive policy and regulatory alternatives. Ongoing litigation in Smith v Fonterra Co-operative Group Ltd in New Zealand and Sharma v Minister for Environment in Australia highlights tensions between torts doctrine and climate change litigation in both countries. Regardless of its ultimate outcome, that litigation provides a valuable opportunity to integrate theoretical questions about the legitimacy of judicial lawmaking, and intersectional critical legal perspectives, into the teaching of torts. 

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