Burdens and Means of Proof in Climate Change Litigation: Does the Problem Lie Upstream?

The contribution starts from the traditional problems of burdens and means of proof in climate change litigation to suggest that the problem does not lie in these issues, but in one that is placed upstream: the difficulty of adapting the ordinary patterns of causality to the peculiarities of climate change. How- ever, once broken down into its various components, the problem seems to be solvable even within the domestic system, according to standards already suggested by international doctrine for litigation against the State. All this by rediscovering a tool already known for its ability to deal with uncertain cau- sality: loss of chances