气候变化领域集成服务门户(CCPortal): Establishing causation in climate litigation: admissibility and reliability

CCPortal

DOI	10.1007/s10584-018-2362-4
	Establishing causation in climate litigation: admissibility and reliability
	Pfrommer T.; Goeschl T.; Proelss A.; Carrier M.; Lenhard J.; Martin H.; Niemeier U.; Schmidt H.
发表日期	2019
ISSN	0165-0009
起始页码	67
结束页码	84
卷号	152 期号:1
英文摘要	Climate litigation has attracted renewed interest as a governance tool. A key challenge in climate litigation is to assess the factual basis of causation. Extreme weather attribution, specifically the Fraction of Attributable Risk (FAR), has been proposed as a way to tackle this challenge. What remains unclear is how attribution science interacts with the legal admissibility of evidence based on climate models. While evidence has to be legally admissible in order to be considered in a trial, it has to be reliable in order for the court to arrive at a legally correct conclusion. Since parties to the trial have incentives to produce evidence favorable to their case, admissibility requirements and the reliability of the evidence brought forward are linked. We provide a specific proposal for how to accommodate FAR estimates in admissibility standards by modifying an existing set of admissibility criteria, the Daubert criteria. We argue that two of the five Daubert criteria are unsuitable for dealing with such evidence and that replacing those criteria with ones directly addressing the reliability of FAR estimates is adequate. Lastly, we highlight the dependence of courts on both the existence and accessibility of a framework to determine the reliability of FAR estimates in executing such criteria. © 2019, Springer Nature B.V.
语种	英语
scopus关键词	Laws and legislation; Reliability; Attributable risks; Daubert; Evidence-based; Extreme weather; Climate models; climate change; climate conditions; climate modeling; governance approach; risk assessment
来源期刊	Climatic Change
文献类型	期刊论文
条目标识符	http://gcip.llas.ac.cn/handle/2XKMVOVA/147537
作者单位	Department of Economics, Heidelberg University, Bergheimer Str. 20, Heidelberg, 69115, Germany; Faculty of Law, University of Hamburg, Rothenbaumchaussee 33, Hamburg, 20148, Germany; Philosophy Department and Institute for Interdisciplinary Studies of Science, Bielefeld University, Universitätsstr. 25, Bielefeld, 33615, Germany; Institute of Environmental Law of Trier University (IUTR), Trier University, Campus II - Building H, Trier, 54286, Germany; Max-Planck-Institute for Meteorology, Bundesstr. 53, Hamburg, 20146, Germany
推荐引用方式 GB/T 7714	Pfrommer T.,Goeschl T.,Proelss A.,et al. Establishing causation in climate litigation: admissibility and reliability[J],2019,152(1).
APA	Pfrommer T..,Goeschl T..,Proelss A..,Carrier M..,Lenhard J..,...&Schmidt H..(2019).Establishing causation in climate litigation: admissibility and reliability.Climatic Change,152(1).
MLA	Pfrommer T.,et al."Establishing causation in climate litigation: admissibility and reliability".Climatic Change 152.1(2019).