The PETL and Corporate Liability for Greenhouse Gas Emissions: Duties and Remedies

Abstract

Abstract How can tort law contribute to combatting climate change? The Principles of European Tort Law (PETL), in particular the framework of art 4:102 PETL, have already served as inspiration for a duty of care for both governments and companies, aimed at reducing greenhouse gas emissions. This is in line with the development of law in Europe, where liability for an insufficient contribution to combatting global warming is becoming increasingly concrete. The PETL, therefore, do not necessarily need to be amended on this point. However, the development could be strengthened in two ways. First, it is proposed to amend art 4:102(3) PETL, providing that the duty of care may be determined in part by reference to internationally recognised fundamental rights and international documents that constitute a breach of duty for companies. Secondly, making room in the PETL for injunctive relief would do justice to the need to take preventive measures, as, in climate cases, preventing global warming is more urgent than ex post compensation.