Abstract
“Protection of the environment“ and “sustainability“ are more significant than ever. The legal system contributes an important share to the protection of the environment. However, an overview of the German private environmental liability law shows that conventional tort law is not a suitable basis for civil liability for the environmental consequences of officially approved emissions of greenhouse gases. In general, one of the main problems of private environmental liability law lies in proving the individual causality of the conduct of an emitter, as the lawsuit of a Peruvian homeowner against a German energy company pending before the Higher Regional Court of Hamm illustratively demonstrates. The outcome of this lawsuit, which may have an outstanding significance for the status and development of private environmental liability law in Germany, is awaited with great anticipation. The article also briefly examines recent developments in private environmental liability law outside Germany and the question to what extent insurance can be an instrument to protect the environment.
Highlights
Zusammenfassung “Umweltschutz und Nachhaltigkeit“ sind bedeutender denn je
One of the main problems of private environmental liability law lies in proving the individual causality of the conduct of an emitter, as the lawsuit of a Peruvian homeowner against a German energy company pending before the Higher Regional Court of Hamm illustratively demonstrates
Most areas of environmental protection cannot be tackled with a worldwide patent solution, but rather with solutions that differ from region to region
Summary
“Protection of the environment” and “sustainability” have become highly topical on a global scale. In early 2019, the German Government even established a socalled “climate cabinet”.1. The topic has an impact on the economy as the annual meetings of the World Economic Forum in 2018 and 2019 show. This topic is increasingly affecting civil society. The young Swede Greta Thunberg, for example, has recently sparked the “Fridays for Future” student demonstrations in almost all parts of the world
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
