On tort liability for climate change in Chile
Keywords:
greenhouse gases, climate change, tort liability, tort litigationAbstract
The scientific community agrees that the emission of greenhouse gases generates global warming which in turn produces climate change. Climate change is –and will continue– causing serious, even catastrophic harm to the people’s health and the environment. In this context, this article argues that tort liability can make a contribution to the mitigation and adaptation efforts related to the harm arising from climate change. In order to achieve this aim in future tort litigation for climate change in Chile, however, the claimants will have to provide courts with evidence showing the existence of a direct and necessary causal link between the emissions of greenhouse gases –produced by one or more natural persons or legal entities– and the harm actually suffered by the victim.
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Acta Bioethica is edited by the Interdisciplinary Center for Bioethical Studies of the University of Chile and published under a Creative Commons Attribution Share Alike 4.0 International license.Intellectual property::The submission and evaluation of the manuscripts received implies that the author (s) declare that they are original and exclusive owners of the author's economic and moral rights over the article, in accordance with the provisions of Law 17.336 on Intellectual Property (Chile) In case of having used outside works in the creation of the article, in whole or in part, they declare that they have the respective authorizations or licenses of use of their respective owners or that their use is expressly protected by law.The author expressly releases from any subsequent responsibility to the Interdisciplinary Center of Studies in Bioethics of the University of Chile, for any legal, regulatory or contractual infraction that eventually commits or has committed in relation to the work, being obliged to repair any damage that results from the Infringement of these or other rights.The author authorizes the Interdisciplinary Center of Studies in Bioethics of the University of Chile, in order that, by itself or through third parties expressly authorized by it, exercise the rights that are specified below, with respect to the article sent:Publication, edition, reproduction, adaptation, distribution and sale of reproduced copies, including making available to the public online by electronic or digital means, of the article, in Castilian language, in any known territory, And for all types of printed edition in paper and electronic or digital, by its inclusion in the journal Acta Bioethica or another publication that publishes the Center.This authorization is conferred on a non-exclusive, free, indefinite, perpetual and non-revocable basis, as long as the corresponding rights subsist and release the Interdisciplinary Center for Bioethical Studies of the University of Chile from any payment or remuneration for the exercise of Rights.The authors retain their copyright on their works, being able to reuse them as they decide.
