Between the Legal Qualification of Climate Claims and the Law Applicable to Their Resolution from the Perspective of Polish Law .......... 111

Authors

Martyna Krystman-Rydlewicz
https://orcid.org/0000-0003-0509-0204

Synopsis

The legal community is increasingly seeking legal frameworks to support successful climate claims. However, the results are mixed, as the law often lacks adequate tools for effective climate action. Consequently, this chapter aims to explore whether it is legally feasible to file successful climate claims against private actors under Polish law, and if so, how to determine the applicable law for resolving such claims. Consequently, the analysis is focused on the relationship between climate change on one hand, and legal solutions, including personality rights, and tortious liability, on the other. Concurrently the multitude of legal bases for eventual claims triggers the difficulties in choosing the applicable law for the settlement of transnational climate disputes, i.e. whether their resolution should be based on the rules developed within national law or the relevant EU regulations, especially Rome II.

Forthcoming

28 May 2025

How to Cite

Krystman-Rydlewicz, M. (2025) “Between the Legal Qualification of Climate Claims and the Law Applicable to Their Resolution from the Perspective of Polish Law . 111”, in Sikora-Kalėda, A. and Kawka, I. (eds.) Fundamental Rights and Climate Change: Exploring New Perspectives and Corresponding Remedies. Poland: Księgarnia Akademicka Publishing (Krakow Jean Monnet Research Papers), pp. 111–134. doi:10.12797/9788383682471.04.