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OPINION for THE CENTRE FOR ENVIRONMENTAL RIGHTS concerning THE POTENTIAL FOR CLIMATE LOSS AND DAMAGE CLAIMS IN SOUTH AFRICA
The document provides a preliminary legal mapping of the procedural and substantive requirements for a delictual claim against Carbon Majors in South Africa. It examines jurisdictional hurdles, such as the need to attach assets for foreign defendants, and the potential for state immunity defenses for state-owned companies. Substantively, it analyzes the elements of delictual liability—wrongfulness, fault, and causation—suggesting that South African courts' flexible approach to factual causation and the use of attribution science could support such claims. It also discusses parent company liability and the possibility of holding a select group of joint wrongdoers severally liable for the full extent of damages.
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Document type: Research paper
Tackling the challenges of assessing collective progress for an effective Global Stocktake
The document addresses the challenge of ensuring individual country contributions align with the collective goals of the Paris Agreement through the Global Stocktake (GST). It evaluates the potential and limits of the GST process and suggests specific improvements to maximize its effectiveness, including the use of a performance distributions approach and independent support from academia and civil society.
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This summary is written by a language model reading the source document. It is not the publisher's words and is not a substitute for the original.
Document type: Executive summary