CBSS: Climate Litigation and Private Law: Protecting Rights and Preventing Damage in the Face of Climate Change
About the talk:
Private law and climate change litigation are rarely thought of as two sides of the same coin. There seems to be a conviction that claimants somehow lead judges astray from positive law and instead down a dark alley of activist and not substantive law. It is my claim that private law fills a so far necessary role in climate law, as it grants rights to those whose legal rights are infringed due to climate change. Claims in climate litigation can be seen as an exercise of the right to prevent damage. The need for the present study is prompted by the lack of co-analysis of climate law and private law. The important backdrop for this analysis is the Draft Common Frame of Reference and its provisions on the right to prevent damage.
About the presenter:
Marie-Louise Holle’s research focuses on torts, contracts and climate litigation from both private and public law perspectives. Holle is a member of the Sabin Center for Climate Change Law Peer Review Network at Columbia University Law School. Her research in climate litigation is a continuation of her long research in liability, torts and litigation. Holle is now also a Sabin Center rapporteur for four French-speaking as well as English-speaking jurisdictions (Madagascar, Monaco, Namibia and the Seychelles). Additionally, Holle has also joined the Sabin Center’s research group for corporate liability and climate change. Holle has carried out a number of research projects involving comparative law, foreign and international law. She has published her research in French, English and Danish. She is a member of the Climate Law and Economics research group at CBS LAW. From 2014-2016 she was main editor of the large Nordic research project: “Restatement of Nordic Contract Law”, which was funded by the Nordic Council of Ministers, among others. Marie-Louise Holle holds a PhD from the University of Copenhagen. She has been a visiting research fellow at a number of research institutions, including Columbia University New York and Sciences Po Paris.
Information:
Venue: Room 7A.0.16 (Pejsestuen) at the Faculty of Law, University of Copenhagen. South Campus, Njalsgade 76, DK-2300 Copenhagen S and Online on Zoom (link will be provided after registration)
Time: 9:00-10:00.
Registration: please click here