Climate change litigation : global perspectives

Full Title:

Climate change litigation : global perspectives

Other Author:

Alogna, Ivano.
Bakker, Christine.
Gauci, Jean-Pierre.

Statement of Responsibility:

Editors: Ivano Alogna, Christine Bakker, and Jean-Pierre Gauci

Language:

English

Description:

xxiv, 543 p.

Summary:

This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in...

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Summary:

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This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints. The contributions span a wide range of national jurisdictions with examples from both the Global South and the Global North. In addition, the potentialities and limitations for climate change-related cases at the regional and international levels are addressed, ranging from regional human rights courts and United Nations Treaty Bodies to the International Court of Justice, the World Trade Organization, the International Criminal Court and international arbitration. The volume will be of interest to legal scholars and legal practitioners, policy makers as well as activists and all those who are seeking to achieve change for the better in this field.

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Contents:

• Abbreviations • Chapter 1 Climate Change Litigation: Global Perspectives—An Introduction • Part 1 Climate Change Litigation: Comparative Perspectives • Chapter 2 Climate Change Litigation...

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Contents:

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• Abbreviations • Chapter 1 Climate Change Litigation: Global Perspectives—An Introduction • Part 1 Climate Change Litigation: Comparative Perspectives • Chapter 2 Climate Change Litigation in the United States: High Volume of Cases, Mostly About Statutes • Chapter 3 Climate Change Litigation in Australia: Law and Practice in the Sunburnt Country • Chapter 4 Climate Change Litigation in the United Kingdom: Planning, Energy and Protest • Chapter 5 Climate Change Litigation in India and Pakistan: Analyzing Opportunities and Challenges • Chapter 6 Climate Change Litigation in France: New Perspectives and Trends • Chapter 7 Climate Change Litigation in Brazil: Will Green Courts Become Greener? • Chapter 8 Climate Change Litigation in South Africa: Firmly Out of the Starting Blocks • Chapter 9 Climate Change Litigation in the Netherlands: The Urgenda Case and Beyond • Chapter 10 Prospects for Climate Change Litigation in Russia • Chapter 11 Prospects for Climate Change Litigation in China • Part 2 Climate Change Litigation: Regional and International Perspectives • Chapter 12 Climate Change Litigation in Africa: A Multi-Level Perspective • Chapter 13 Climate Change Litigation in European Regional Courts: Jumping Procedural Hurdles to Hold States to Account? • Chapter 14 Climate Change as a Human Rights Issue: Litigating Climate Change in the Inter-American System of Human Rights and the United Nations Human Rights Committee • Chapter 15 Intergenerational Climate Change Litigation: The First Climate Communication to the UN Committee on the Rights of the Child
• Chapter 16 Inter-State Climate Change Litigation: ‘Neither a Chimera nor a Panacea’ • Chapter 17 Bringing Climate Change before the International Court of Justice: Prospects for Contentious Cases and Advisory Opinions • Chapter 18 Litigation under the United Nations Convention on the Law of the Sea: Opportunities to Support and Supplement the Climate Change Regime • Chapter 19 Trade and Climate Disputes before the WTO: Blocking or Driving Climate Action? • Chapter 20 International Arbitration of Climate-Related Disputes: Prospects for Alternative Dispute Resolution • Chapter 21 Climate Change Litigation before the International Criminal Court: Prospects in Theory and Practice • Appendix 1 Table of Cases • Appendix 2 Table of International Instruments and National Legislation • Index

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Publisher & Date:

Leiden : Brill, 2021.

Date of Publication:

2021

Publisher:

Brill

Classification:

C 93
D 11.2

ISBN:

9789004447608 (hbk)
9789004447615 (ebook)