Smith v Fonterra: Tort in the time of the Anthropocene

摘要

The recent New Zealand High Court decision in Smith v Fonterra Co-Operative Group Ltd (Smith v Fonterra) is an example of the judiciary keeping within the boundaries of traditional tortious causes of action when considering the damage caused by climate change, while leaving the door slightly ajar for the recognition of a novel duty; a tortious duty to cease causing damage to the climate system through greenhouse gas (GHG) emissions.