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This paper presentation on 'The Civil Judge As Risk Regulator' is part of the CSECL lecture series.

Detail Summary
Date 17 December 2018
Time 15:30 - 17:00
Location Roeterseilandcampus - building A

Abstract

Taking the Urgenda-case on climate change liability as an example, this article researches the more general question into the legitimacy of risk regulation by civil courts. Which principles determine the legitimacy of a civil court’s participation, especially in the domain of societal risk regulation? The central claim is that these principles concern (amongst many other things) the position of the court, the tools of the court, and the attitude of the court. In other words, they have their source in constitutional law, civil (procedural) law, and professional ethics respectively. This claim is substantiated by an analysis of these principles, their interpretation, and the way they contribute to a normative/theoretical framework for the assessment of the legitimacy of judicial rulings.

Paper

Prof. Marc Loth

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Roeterseilandcampus - building A
Roeterseilandcampus - building A

Room Room A3.01

Nieuwe Achtergracht 166
1018 WV Amsterdam