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Climate Change Litigation in the Asia Pacific

Climate Change Litigation in the Asia Pacific

Name: Climate Change Litigation in the Asia Pacific
Brand: Cambridge University Press
SKU: 9781108478465
Price: 1727.57 HKD
Availability: InStock
Author: Jolene Lin; Douglas A. Kysar
ISBN: 9781108478465

Edited by Jolene Lin · Douglas A. Kysar

Cambridge University Press October 2020

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ISBN-13: 9781108478465
Publisher: Cambridge University Press
Publication: October 2020
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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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.

Introduction

Daniel Hornung, Douglas A. Kysar and Jolene Lin

Part I. Theoretical Underpinnings and Implications of Climate Change Litigation:

1. Uncommon law: judging in the Anthropocene

Joshua Ulan Galperin and Douglas A. Kysar

2. Networked public interest litigation: a novel framework for climate claims?

Ketan Jha

Part II. International Law and International Adjudication:

3. Using human rights law to address the impacts of climate change: early reflections on the carbon majors inquiry

Annalisa Savaresi and Jacques Hartmann

4. Litigating human rights violations related to the adverse effects of climate change in Pacific islands

Margaretha Wewerinke-Singh

5. The potential for UNCLOS climate change litigation to achieve effective mitigation outcomes

Millicent McCreath

6. Investor-state dispute settlement in renewable energy: friend or foe to climate change?

Hui Pang

Part III. Domestic Law and Domestic Adjudication:

7. 'Next generation' climate change litigation in Australia

Jacqueline Peel, Hari M. Osofsky and Anita Foerster

8. Climate change litigation: a possibility for Malaysia?

Maizatun Mustafa

9. A tale of climate justice: the Indonesian case – hope or not?

Andri G. Wibisana and Conrado M. Cornelius

10. From Shehla Zia to Asghar Leghari: pronouncing unwritten rights is more complex than a celebratory tale

Waqqas Ahmad Mir

11. Climate change adaptation litigation: a view from Southeast Asia

Jacqueline Peel and Jolene Lin

Part IV. China, Courts and Climate Change:

12. Climate change litigation: a promising way to climate justice in China?

Jiangfeng Li

13. The subordinate and passive position of Chinese courts in environmental governance

Zhu Yan

14. Tort-based public interest litigation on air pollution in China: a promising pathway for Chinese climate change litigation?

Yue Zhao, Wei Liu and Shuang Lyu

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