Climate Change Litigation: Global Perspectives

Climate Change Litigation: Global Perspectives
Author: Ivano Alogna
Publisher: BRILL
Total Pages: 567
Release: 2021-04-26
Genre: Law
ISBN: 900444761X

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.

Climate Change Litigation

Climate Change Litigation
Author: Jacqueline Peel
Publisher: Cambridge University Press
Total Pages: 377
Release: 2015-04-09
Genre: Law
ISBN: 1107036062

This book examines how litigation over climate change shapes the choices of governments, corporations and the public regarding mitigation and adaptation.

Climate Change Litigation in the Asia Pacific

Climate Change Litigation in the Asia Pacific
Author: Jolene Lin
Publisher: Cambridge University Press
Total Pages: 445
Release: 2020-10-29
Genre: Law
ISBN: 1108804918

This is the first scholarly examination of climate change litigation in the Asia Pacific region. Bringing legal academics and lawyers from the Global South and Global North together, this book provides rich insights into how litigation can galvanize climate action in countries including Pakistan, Indonesia, Malaysia and China. Written in clear and accessible language, the fourteen chapters in this book shed light on the important question of how litigation may unfold as a potential regulatory pathway towards decarbonization in the world's most populous region.

Comparative Climate Change Litigation: Beyond the Usual Suspects

Comparative Climate Change Litigation: Beyond the Usual Suspects
Author: Francesco Sindico
Publisher: Springer Nature
Total Pages: 615
Release: 2021-01-21
Genre: Law
ISBN: 3030468828

This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.

Adjudicating Climate Change

Adjudicating Climate Change
Author: William C. G. Burns
Publisher: Cambridge University Press
Total Pages: 413
Release: 2009-07-27
Genre: Law
ISBN: 1139480898

Courts have emerged as a crucial battleground in efforts to regulate climate change. Over the past several years, tribunals at every level of government around the world have seen claims regarding greenhouse gas emissions and impacts. These cases rely on diverse legal theories, but all focus on government regulation of climate change or the actions of major corporate emitters. This book explores climate actions in state and national courts, as well as international tribunals, in order to explain their regulatory significance. It demonstrates the role that these cases play in broader debates over climate policy and argues that they serve as an important force in pressuring governments and emitters to address this crucial problem. As law firms and public interest organizations increasingly develop climate practice areas, the book serves as a crucial resource for practitioners, policymakers and academics.

Global Climate Change and U.S. Law

Global Climate Change and U.S. Law
Author: Michael Gerrard
Publisher: American Bar Association
Total Pages: 796
Release: 2007
Genre: Law
ISBN: 9781590318164

This comprehensive, current examination of U.S. law as it relates to global climate change begins with a summary of the factual and scientific background of climate change based on governmental statistics and other official sources. Subsequent chapters address the international and national frameworks of climate change law, including the Kyoto Protocol, state programs affected in the absence of a mandatory federal program, issues of disclosure and corporate governance, and the insurance industry. Also covered are the legal aspects of other efforts, including voluntary programs, emissions trading programs, and carbon sequestration.

Climate Change and the Voiceless

Climate Change and the Voiceless
Author: Randall S. Abate
Publisher: Cambridge University Press
Total Pages: 261
Release: 2019-10-24
Genre: Business & Economics
ISBN: 110848011X

Identifies the common vulnerabilities of the voiceless and demonstrates how the law can evolve to protect their interests more effectively.

Legal Issues on Climate Change and International Trade Law

Legal Issues on Climate Change and International Trade Law
Author: Deok-Young Park
Publisher: Springer
Total Pages: 226
Release: 2016-04-29
Genre: Law
ISBN: 3319293222

This book provides an excellent overview of the legal issues surrounding climate change mitigation and international trade law. It surveys key observed and potential challenges posed by responses to climate change in terms of international trade law. By examining the controversial issues seen in legal cases in which domestic climate change or renewable energy measures conflicted with international trade regimes, this volume promotes and broadens the understanding and debate of the issues. Beyond the recognized challenges, this book uncovers potential areas of conflict between climate change responses and international trade promotion by exploring previous cases and current efforts to prevent climate change. Furthermore, this volume sheds light on the future direction of international trade law and climate change responses, pointing out that the development of climate change or renewable energy laws and policies must also consider international trade regimes in order to ensure the smooth implementation of said laws and policies and guarantee that international trade laws do not restrict environmental policy space.

Constructing a Private Climate Change Lawsuit Under English Law

Constructing a Private Climate Change Lawsuit Under English Law
Author: Giedr? Kaminskait?-Salters
Publisher: Kluwer Law International B.V.
Total Pages: 242
Release: 2010-01-01
Genre: Law
ISBN: 9041132538

The issue of tortious liability for harm caused by climate change has risen to some prominence in recent legal literature. However, except for a few U.S. cases, litigation in this area remains dormant in most jurisdictions. Now, in anticipation of the likelihood - and desirability - of such litigation, this ground-breaking study examines the extent to which a claim brought by a private, public, or quasi-public claimant against a private defendant (such as a producer of fossil fuels or major emitter of greenhouse gases) alleging climate change-related damage, and based on one or more causes of action under the English law of torts, can be pursued in the English Courts.

Trends in Climate Change Legislation

Trends in Climate Change Legislation
Author: Alina Averchenkova
Publisher: Edward Elgar Publishing
Total Pages: 231
Release: 2017-12-29
Genre: Law
ISBN: 1786435780

A deepening understanding of the importance of climate change has caused a recent and rapid increase in the number of climate change or climate-related laws. Trends in Climate Change Legislation offers an astute analysis of the political, institutional and economic factors that have motivated this surge, placing it into context.