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Climate Change Litigation in Europe: Regional, Comparative and Sectoral Perspectives

Climate Change Litigation in Europe: Regional, Comparative and Sectoral Perspectives

Author: Ivano Alogna; Carole Billiet; Matteo Fermeglia; Alina Holzhausen
Publisher: Larcier Intersentia Publishers
ISBN: 9781839703850
Published In: December 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Climate change litigation is emerging as a global response to the unfolding climate crisis. As global warming increases and the catastrophic consequences of climate change become apparent, individuals and civil society as a whole are increasingly looking to the judiciary to uphold public and private entities’ obligations to fight global warming and step-up actions to protect present and future generations.

Climate change litigation is particularly pertinent in Europe. Since the landmark decision in Urgenda v. The Kingdom of The Netherlands in 2015, climate cases have been filed across European jurisdictions and reaching European regional courts, such as the Court of Justice of the European Union and the European Court of Human Rights. Consequently, climate change litigation is also emerging as a consolidated body of knowledge and practices, with the common objective of enhancing climate change mitigation and adaptation action. It is a multi-faceted phenomenon, engaging with a wide array of substantive and procedural legal challenges and issues. Legal architectures and strategies for climate cases include, among others, environmental law, tort law, constitutional law, consumer law, administrative law and human rights law.

Against such a backdrop, Climate Change Litigation in Europe provides, for the first time, a comprehensive account of the most relevant developments around climate change litigation, with a specific focus on Europe. To this end, the book aims to address the phenomenon of climate change litigation from a threefold perspective. First, it unpacks the supranational dimension of climate change litigation within Europe, with a particular focus on European regional courts. Second, it provides a comparative analysis of climate change litigation from different European jurisdictions, in order to understand points of convergence and departures among the different approaches to the common problem of tackling global warming. Finally, it analyses relevant substantive and procedural issues underpinning both existing and future climate change litigation, ranging from human rights to state and corporate responsibilities, international trade and investment and procedural rights.

The book comprises contributions from highly experienced law practitioners and academics, as well as emerging and established experts in the field of climate law and environmental law. It contributes meaningfully to the burgeoning body of literature on climate change litigation by providing a fully-fledged picture of this global phenomenon within Europe.

Climate Change Litigation in Europe: An Introduction to Regional,Comparative and Sectoral Perspectives

Climate Change Litigation in the Courts in Europe

Climate Change Litigation before European Regional Courts: An Expert Discussion

Climate Change Litigation in Europe: Comparative Perspectives

The Constitutional Context of Climate Change Litigation: A Comparative Analysis of Germany and Austria

Taking People v. Arctic Oil Seriously: The Potential of Strategic Environmental Assessments and the Principle of Non-Regressionin Guiding Energy Policy

Climate Change and Migration: A Socio-Legal Approach to Understanding Europe’s Responsibilities Toward Climate Migrants

Human Rights-Based Climate Litigation and Indigenous Peoples:Comparative Perspectives and New Trends for Climate Justice in Europe

From Rights-Based Claims to Climate Justice: An Uneasy Path – Limits and Prospects to Align Climate Litigation to Justice in Europe

State Obligations to Reduce Carbon Emissions: Using their ‘Carbon Reduction Potential’ Instead of Territorial Emissions as a Yardstick

Climate Change as a Constitutional Topic: Environmental Constitutionalismin the Netherlands and the EU

Shifting Principles of Climate Cooperation: A Court Ruling on Intergenerational Justice as Inspiration for the UN Climate Regime

Strategic Climate Litigation in Poland: In Search of a Proper Socio-Legal Communication before Courts

Procedural Improvements Aiming at Investment Arbitration’s Greater Social Acceptability

Closed Doors in Luxembourg? Climate Change Litigation before the CJEU in a ‘Complete System of Remedies’

Harnessing Public Participation in the EU Taxonomy Regulation Delegated Acts: Mobilising Sustainable Investments and Mobilising People

Project Review, Fossil Infrastructure and Climate Change: The Flemish Petrol Station Case as an Unexpected Breakthrough?

Collective Redress and Climate Change Litigation in the EU:A Promising Future or More of the Same?

Climate Change Class Actions in Europe? The Italian Perspective

From State to Corporate Liability in Climate Litigation: How Can Urgenda-Type Cases Inform the Responsibility of Private Companiesto Mitigate Climate Change?

The Liability of Financial Institutions for Climate Change: Legal Mechanisms and Principles for Assessing the Financial Industry’sResponsibility for Global Warming

Conclusion: Climate Change Litigation in Europe – The Way Forward

Index