State Responsibility

Citation

Savaresi A (2025) State Responsibility. In: Wewerinke-Singh M & Mead S (eds.) The Cambridge Handbook on Climate Litigation. The Cambridge Handbook on Climate Litigation. Cambridge University Press, pp. 371-390. https://doi.org/10.1017/9781009409155.020

Abstract
Chapter 15 on State Responsibility provides an in-depth exploration of the circumstances under which States can be held responsible for climate change. The author starts by outlining the fundamental principles and conditions for State responsibility under international law. Her analysis bridges the gap between international and domestic law, shedding light on how each legal sphere influences the shape and contours of State responsibility in relation to climate change. Further, she enriches her analysis with insights drawn from key climate cases that have tested the limits of State responsibility. These cases reveal how courts and quasi-judicial bodies are grappling with the challenges of attributing climate harms to State actions and omissions, and the implications of holding States accountable for these harms. In distilling emerging best practice, the author identifies innovative judicial interpretations and legal strategies that have expanded the ambit of State responsibility in climate litigation.

Keywords
State Responsibility; International Law Obligations; Breach; UNFCCC; Paris Agreement; Human Rights; Transboundary Harm; Erga Omnes; Advisory Opinion

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