A groundbreaking study introduces a fresh legal perspective on climate change, proposing the use of unjust enrichment as a framework for climate litigation. Moving beyond traditional tort law, which focuses on proving harm, this approach targets the profits gained from environmentally damaging activities. This innovative perspective helps address challenges like the difficulty of measuring abstract climate harms and proving direct wrongdoing. It also opens the door to holding parties accountable even when specific damages are hard to establish. By reframing climate issues around unjust gains, the study presents a flexible, impactful legal tool for tackling the climate crisis, with implications for both legal practice and environmental policy.
Why Unjust Enrichment Matters
Current legal systems have struggled to effectively address climate change. Tort-based lawsuits often fail due to difficulties in proving harm, navigating political obstacles, and addressing the diffuse nature of climate impacts. Published in the Georgetown Law Journal, the research by Profs. Yotam Kaplan (Hebrew University), Maytal Gilboa (Bar Ilan University), and Roee Sarel (University of Hamburg) suggests unjust enrichment could offer a more effective path forward.
Key advantages of this approach include:
- Addressing Environmental Violations: When environmental damage is hard to quantify, unjust enrichment allows courts to focus on wrongful profits, ensuring that harmful practices do not lead to financial gain.
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Liability Without Wrongdoing: Even when actions don’t meet the strict criteria for tort liability, unjust enrichment can still hold parties accountable, bypassing the need to prove traditional wrongdoing.
This approach is particularly relevant to the climate crisis, where harms are often abstract, widespread, and not explicitly tied to legal violations. By emphasizing gains rather than harms, the doctrine of unjust enrichment offers a practical and equitable way to tackle climate change.
The Policy Implications
The researchers argue that applying unjust enrichment to climate litigation addresses a critical gap: ensuring environmental harm doesn’t result in profit. This shift could pave the way for more effective legal and policy interventions in the fight against climate change.
The study, titled “Climate Change as Unjust Enrichment,” is available in the Georgetown Law Journal here.
Researchers:
- Yotam Kaplan – Hebrew University Law School
- Maytal Gilboa – Bar Ilan University, Faculty of Law
- Roee Sarel – Institute of Law & Economics, University of Hamburg
The Hebrew University of Jerusalem is Israel’s premier academic and research institution, home to over 23,000 students from 90 countries. Known for its groundbreaking research, the University accounts for nearly 40% of Israel's civilian scientific research output and boats over 11,000 registered patents. With faculty and alumni who have earned nine Nobel Prizes, two Turing Awards, and a Fields Medal, the Hebrew University continues to make significant contributions to global innovations. Hebrew University ranks 81st according to the Shanghai Ranking. To learn more about the University’s academic programs, research initiatives, and achievements, visit Hebrew University’s official website.