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Chapter 3 on Attribution Science delves deeper into the science that establishes causal links between climate change, specific sources of emissions, and its impacts. The authors illustrate how these scientific developments are enhancing our ability to pinpoint the causes of climate impacts, an evolution crucial to a range of procedural and substantive issues that may arise in climate litigation. The authors also delve into specific regional impacts and showcase how attribution science has illuminated the ways in which different parts of the world are experiencing and responding to the unique challenges posed by a changing climate. This includes case studies in Africa, the Americas, Europe, the South Pacific, and Asia. The authors conclude by addressing the limitations and challenges in the field of attribution science before explaining how it is nevertheless poised to play an ever-more critical role in our collective response to climate change.
Chapter 16 on Causation explores the challenges of proving causation in an interconnected system like the climate, where multiple actors contribute to the overall impacts. The authors highlight the significance of probabilistic approaches, recognising that establishing direct causation can be challenging due to the nature of climate change and the cumulative nature of greenhouse gas emissions. In their exploration of emerging best practices, the authors underscore the growing recognition among courts of the need for nuanced interpretations of causation requirements in climate litigation. They highlight innovative judicial strategies that utilise scientific evidence and expert testimony to assess the contribution of specific actors to climate impacts, even in the absence of direct causation. They emphasise the importance of interdisciplinary collaboration between legal and scientific experts to navigate the complexities of causation in climate cases. By incorporating and further developing these emerging best practices, courts can facilitate an accurate and fair distribution of responsibilities through the cases they adjudicate.
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