Climate change litigation : : global perspectives / / edited by Ivano Alogna, Christine Bakker and Jean-Pierre Gauci.

• TeilnehmendeR: Alogna, Ivano,; Bakker, Christine,; Gauci, Jean-Pierre,
• Place / Publishing House: Leiden, The Netherlands ;, Boston : : Koninklijke Brill NV,, [2021]; ©2021
• Year of Publication: 2021
• Language: English
• Physical Description: 1 online resource.
• Notes: Includes index.

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.

Table of Contents

Climate change litigation in the United States high volume of cases, mostly about statutes / Michael B. Gerrard -- Climate change litigation in Australia law and practice in the sunburnt country / Laura Schuijers and Margaret A. Young -- Climate change litigation in the United Kingdom planning, energy and protest / Nigel Pleming and Ruth Keating -- Litigating climate change in India and Pakistan analysing opportunities and challenges / Birsha Ohdedar -- Climate change litigation in France new perspectives and trends / Marta Torre-Schaub -- Climate change litigation in Brazil will green courts become greener? / Joana Setzer, Guilherme J. S. Leal and Caio Borges -- Climate change litigation in South Africa firmly out of the starting blocks / Tracy-Lynn Field -- Climate litigation in the Netherlands the Urgenda Case and beyond / Christine Bakker -- Prospects for climate change litigation in Russia / Anatoly Yakovlevich Kapustin -- Prospects for climate change litigation in China / Zhou Chen and Qin Tianbao -- Climate change litigation in Africa a multi-level perspective / Sam Adelman -- Climate change litigation in European courts jumping procedural hurdles to hold states to account? / Marc Willers -- 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 -- Intergenerational climate change litigation the first climate communication to the UN Committee on the Rights of the Child / Ingrid Gubbay and Claus Wenzler -- Inter-state climate change litigation 'neither a chimera nor a panacea' / Annalisa Savaresi -- Bringing climate change before the international court of justice prospects for contentious cases and advisory opinions / Margaretha Wewerinke-Singh, Julian Aguon and Julie Hunter -- Litigation under the United Nations Convention on the Law of the Sea Opportunities to support and supplement the climate change regime / James Harrison -- Trade and climate disputes before the WTO blocking or driving climate action? / Harro van Asselt -- International arbitration of climate-related disputes prospects for alternative dispute resolution / Patrick Thieffry -- Climate change litigation before the international criminal court prospects in theory and practice / Nema Milaninia and Jelena Aparac.