Réparation des dommages climatiques en droit international : les questions soulevées par l’avis consultatif demandé à la Cour internationale de justice
In order to answer the questions submitted to it in the request for an advisory opinion on the climate obligations of States, the International Court of Justice will have to clarify not only the primary obligations of States, but also "the legal consequences under these obligations for States w...
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| Auteurs principaux: | , |
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| Formato: | Article ou chapitre numérique |
| Idioma: | Français |
| Publicado em: |
2024
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| Assuntos: | |
| Acesso em linha: | Accès Université d'Orléans et IFPM |
| Resumo: | In order to answer the questions submitted to it in the request for an advisory opinion on the climate obligations of States, the International Court of Justice will have to clarify not only the primary obligations of States, but also "the legal consequences under these obligations for States where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment". The question of reparation should therefore play an important role in the Court’s opinion. However, reparation poses particular problems in relation to climate change and its effects. Even if the damage caused by climate change is and will be increasingly irreparable, the obligation to repair remains and even retains its full meaning as a sword of Damocles to encourage the main emitters to act. |
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