This seminar discussed the role of tort law in addressing climate change. it discussed the current landscape of climate litigation, the role of tikanga Māori (Māori common law), and climate change as an intergenerational externality with potential market and regulatory failures. It examined an alternative view inspired by the Coase theorem, suggesting courts could internalize externalities and overcome obstacles to state action. It proposed the concept of “climate comity,” drawing from private international law principles developed by courts for mutual benefit. The seminar also discussed the suitability of tort law to impose responsibility for “unreasonable” emissions or recognise environmental rights, to provide judicial guardrails against inadequate government action on climate change.
Download the seminar slides here: LEANZ Smith v Fonterra April 2024