Climate Change Litigation: Global Perspectives

Ivano Alogna, Christine Bakker, Jean-Pierre Gauci (Herausgeber)

Buch | Hardcover

568 Seiten

2021
Martinus Nijhoff (Verlag)
978-90-04-44760-8 (ISBN)

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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.

Ivano Alogna is the Arthur Watts Research Fellow in Environmental and Climate Change Law at BIICL and a PhD candidate at the Sorbonne Law School, University of Paris 1 Panthéon-Sorbonne. He is member of the World Commission on Environmental Law of the International Union for the Conservation of Nature (IUCN) and of its Climate Change Specialist Group, as well as Expert of the ‘Environmental Law and Policy’ Commission, IUCN French Committee. He was the General Rapporteur of the Project ‘Global Pact for the Environment’ and is a licensed Attorney-at-Law at the Bars of Milan and Madrid. Ivano lectures Global Environmental Law (Paris 1), Climate Change Law (UCLy and UCO), Private Law (Paris 2) and Comparative Law. Christine Bakker is a Visiting Professor at the Scuola Superiore Sant’Anna in Pisa and a visiting research fellow at BIICL. Christine holds a PhD in public international law from the European University Institute, Florence, and her main areas of research are human rights law including children's rights, international environmental law and climate change. She has published widely in these fields and carried out research for the Unicef Innocenti Research Centre in Florence. Previously she was Adjunct Professor at LUISS University, Rome, Visiting Lecturer at the University of Rome-3, Research Fellow at the European University Institute in Florence, and she has worked at the European Commission (DG Development). Jean-Pierre Gauci is the Arthur Watts Senior Research Fellow in Public International Law and Director of Teaching and Training at BIICL and co-founder and co-director of The People for Change Foundation, a Malta based human rights organization. He is visiting lecturer in International Migration Law at the University of Malta. His research interests span migration and refugee law, human trafficking law and policy, climate change and the law of the sea. Jean-Pierre holds a PhD from King’s College London and a Doctor of Laws and Magister Juris in International Law from the University of Malta.

Foreword

Notes on Contributors

List of Abbreviations

1 Introduction

Ivano Alogna , Christine Bakker and Jean-Pierre Gauci

PART 1

Climate Change Litigation: Comparative Perspectives

2 Climate Change Litigation in the United States

High Volume of Cases, Mostly about Statutes

Michael B . Gerrard

3 Climate Change Litigation in Australia

Law and Practice in the Sunburnt Country

Laura Schuijers and Margaret A . Young

4 Climate Change Litigation in the United Kingdom

Planning, Energy and Protest

Nigel Pleming and Ruth Keating

5 Litigating Climate Change in India and Pakistan

Analysing Opportunities and Challenges

Birsha Ohdedar

6 Climate Change Litigation in France

New perspectives and Trends

Marta Torre-Schaub

7 Climate Change Litigation in Brazil

Will Green Courts become Greener?

Joana Setzer , Guilherme J. S. Leal and Caio Borges

8 Climate Change Litigation in South Africa

Firmly Out of the Starting Blocks

Tracy-Lynn Field

9 Climate Litigation in The Netherlands

The Urgenda Case and Beyond

Christine Bakker

10 Prospects for Climate Change Litigation in Russia

Anatoly Yakovlevich Kapustin

11 Prospects for Climate Change Litigation in China

Zhou Chen and Qin Tianbao

PART 2

Climate Change Litigation: Regional and International Perspectives

12 Climate Change Litigation in Africa

A Multi-Level Perspective

Sam Adelman

13 Climate Change Litigation in European Courts

Jumping Procedural Hurdles to Hold States to Account?

Marc Willers

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

Monica Feria-Tinta

15 Intergenerational Climate Change Litigation

The First Climate Communication to the UN Committee on the Rights of the Child

Ingrid Gubbay and Claus Wenzler

16 Inter-State Climate Change Litigation

'Neither a Chimera nor a Panacea'

Annalisa Savaresi

17 Bringing Climate Change before the International Court of Justice

Prospects for Contentious Cases and Advisory Opinions

Margaretha Wewerinke-Singh , Julian Aguon and Julie Hunter

18 Litigation under the United Nations Convention on the Law of the Sea

Opportunities to Support and Supplement the Climate Change Regime

James Harrison

19 Trade and Climate Disputes before the WTO

Blocking or Driving Climate Action?

Harro van Asselt

20 International Arbitration of Climate-Related Disputes

Prospects for Alternative Dispute Resolution

Patrick Thieffry

21 Climate Change Litigation before the International Criminal Court

Prospects in Theory and Practice

Nema Milaninia and Jelena Aparac

Appendix 1 Table of Cases

Appendix 2 Table of International Instruments and National Legislation

Index

Erscheinungsdatum	04.05.2021
Sprache	englisch
Maße	155 x 235 mm
Gewicht	1068 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Öffentliches Recht
	Recht / Steuern ► Strafrecht
ISBN-10	90-04-44760-1 / 9004447601
ISBN-13	978-90-04-44760-8 / 9789004447608
Zustand	Neuware