Climate Change Litigation
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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.
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.
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.
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.
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.
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.
Author | : de Vilchez Moragues, Pau |
Publisher | : Edward Elgar Publishing |
Total Pages | : 352 |
Release | : 2022-04-15 |
Genre | : Law |
ISBN | : 1800886896 |
Answering the key question of whether there is an obligation for States to define and enact sound climate policies in order to avoid the impacts of global warming, this timely book provides expert analysis on recent global climate cases, assessing not only the plaintiffs’ claims but also the legal reasoning put forward by the courts.
Author | : Christina Voigt |
Publisher | : Cambridge University Press |
Total Pages | : 505 |
Release | : 2019-04-18 |
Genre | : Law |
ISBN | : 1108497179 |
Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
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.
Author | : Wolfgang Kahl |
Publisher | : Beck/Hart/Nomos |
Total Pages | : 704 |
Release | : 2021-04-08 |
Genre | : Law |
ISBN | : 9781509948734 |
This book investigates and discusses the respective issues arising in the current discourse on climate protection from different legal perspectives (including international law, European law and national public and civil law). In particular, it addresses the issue of “climate protection by courts”. It gives an overview of important jurisdictions in the field of climate change litigation, including the US, Canada, Australia, the UK, France, the Netherlands, Italy, Brazil and Germany. The handbook provides answers and ideas both to scholars and practitioners in the field. Furthermore, it is guaranteed to provide an overview of the latest news in cases and progress in the field of climate change litigation.