Civil Liability For Damages Of Climate Change

Document Type : Original Article

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Faculty of Law - Mansoura University

Abstract

The phenomenon of climate change is one of the most important issues in the international and national scene, which represents a challenge facing all humanity, as it threatens human rights in all parts of the world. Greenhouse gas emissions, resulting from human activity, lead to a rise in global temperatures, and then a disruption in the climate system, which directly contributes to serious damages, such as droughts, floods, rise of temperatures, rise of sea level, dangerous weather events, ecosystem collapse, and loss of biodiversity. As a result of the damages caused by climate change, the number of civil liability lawsuits, filed before the judiciary, increased to claim compensation for these damages, but the judiciary found itself facing a new and dangerous phenomenon, and the traditional rules of civil liability did not help in facing this phenomenon, and then it was necessary to find alternative mechanisms to obtain appropriate compensation for those affected by climate change. Therefore, this study will focus on explaining the concept of climate change, and the terms related to it. It will also show the basis of civil liability for the damages of climate change, and it will clarify the specificity of the elements of liability, and determine the mechanisms for obtaining compensation for these damages.

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