The relevance of space and time to the determination of the law governing tort liability from climate altering activities

SUMMARY: 1. Introduction. – 2. The relevance of space to the determination of the law applicable to climate change-related tort liability. – 2.1. Liability arising from com-missive torts. – 2.2. Liability arising from omissive conduct in the proper sense, that is, when the damage is caused by the failure to act in accordance with the law. – 2.3. Liability arising from omissive conduct in the improper sense, that is, when the dam-age is caused by the failure to act in the way the standard of care would have sug-gested. – 3. The relevance of time to the determination of the law applicable to cli-mate change-related tort liability. – 3.1. Liability arising from a continuous commis-sive conduct whose commencement predated 11 January 2009. – 3.2. Liability arising from omissive conduct in the proper sense. – 4. Concluding remarks.