Environmental liability is a matter of fairness. The deterrence effect of environmental liability also helps to reduce environmental pollution. Unsurprisingly, environmental liability acts have emerged in many jurisdictions around the globe. Quite a number of them will soon go under revision. In view of that, we undertake the development of a Model Law on Environmental Liability. This model law covers both the public law and the private law side of environmental liability, offering more choices for regulators.

During the last 15 years, climate change litigation, including tort litigation against “carbon majors” (private companies having substantially contributed to climate change) has also spread across the globe. However, classic tort law has, in most jurisdictions, not adapted to process tort climate change claims. As these claims are frequently raised, we offer users the possibility to integrate climate change liability into their respective environmental liability act. We recommend setting up a few particular rules for climate change tort litigation. Leaving judges with the current tort law system is not an attractive alternative. Without specific rules, judges face the uncomfortable choice of either overburdening the companies that contributed to climate change with a disproportionate compensation obligation for the entire damage or to leave the victims of climate change without effective rights.