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Causality and Attribution Science in Climate Law: Challenges in Establishing Criminal Liability for Greenhouse Gas Emissions

Andrea Sandbrink

DOI https://doi.org/10.21552/cclr/2024/1/6



This article examines the challenges of causality and attribution within the evolving area of climate impact criminal law. The complexities are influenced by factors such as collective greenhouse gas emissions, time lags and non-localized impacts. This paper analyses proposals of modifying the definition of causality to incorporate concurrent causes and probability statements. Attribution science is emerging as a crucial tool in legal proceedings. As this method gains prominence in civil cases, this article explores its potential use in criminal law proceedings. It concludes by emphasizing the importance of adhering to principles of criminal law while developing this new area of law.

Freie University of Berlin. For Correspondence: <andrea.sandbrink@fu-berlin.de.com>.

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