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Litigating the Climate Emergency: How Human Rights, Courts, and Legal Mobilization Can Bolster Climate Action

Litigating the Climate Emergency: How Human Rights, Courts, and Legal Mobilization Can Bolster Climate Action

Author: César Rodríguez-Garavito
Publisher: Cambridge University Press
ISBN: 9781009098779
Published In: November 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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As the climate emergency intensifies, rights-based climate cases – litigation that is based on human rights law – are becoming an increasingly important tool for securing more ambitious climate action. This book is the first to offer a systematic analysis of the universe of these cases known as human rights and climate change (HRCC) cases. By combining theory, empirical documentation, and strategic debate among preeminent scholars and practitioners from around the world, the book captures the roots, legal innovations, empirical richness, impact, and challenges of this dynamic field of sociolegal practice. It looks specifically at the sociolegal origins and trajectory of HRCC cases, the legal innovations of this type of litigation, and the strategies and impacts of these cases. In doing so, this book equips litigators, researchers, practitioners, students, and concerned citizens with an understanding of an important method of holding governments and corporations accountable for climate harms.

Part I. Litigating the Climate Emergency:

1. The Global Rise of Right-Based Litigation for Climate Action

César Rodríguez-Garavito

2. The Social and Political Life of Human Rights Climate Change Litigation: Mobilizing the Law to Address the Climate Crisis

Lisa Vanhal

Part II. Legal Strategy in Rights-Based Climate Litigation:

3. Thinking Strategically About Climate Litigation

Ben Batros and Tessa Khan

4. The Quest for Butterfly Climate Adjudication

Catalina Vallejo and Siri Gloppe

5. Climate Litigation Through an Equality Lens

James Goldston

6. Two Reputed Allis: Reconciling Climate Justice and Litigation in the Global South

Juan Auz

7. Staying within Atmospheric and Judicial Limits: Core Principles for Assessing Whether State Action on Climate Change Complies with Human Rights

Sophie Marjanac and Sam Hunter Jones

8. Litmus Tests as Tools for Tribunals to Assess State Human Rights Obligations to Reduce Carbon Emissions

Ashfaz Khalfan

9. The Farmer or the Hero? Modes of Climate Litigation in the Global South

Jolene Lin and Jacqueline Peel

10. The Impacts of High Profile Litigation Against Major Fossil Fuel Companies

Joana Setzer

Part III. Beyond The Law

Science and Narratives in Rights-Based Climate Litigation:

11. Climate Science and Human Rights: Using Attribution Science to Frame Government Mitigation and Adaptation Obligations

Michael Burger, Jessica Wentz, and Daniel Metzger

12. The Evolution of Corporate Accountability for Climate Change

Richard Heede

13. Providing Evidence Gap to Support Strategic Climate Enforcement and Litigation

Reinhold Gallmetzer

14. The Case for Climate Visuals in the Courtroom: The Case for Urgent and Creative Action

Kelly Matheson

15. The Story of our Lives: Narrative Change Strategies in Climate Litigation

Laura Gyte, Violeta Barrera, and Lucy Singer

Part IV. The Climate Emergency on Trial: Human Rights and Climate Litigation around the World

16. Courts, Climate Action, and Human Rights: Lessons from the Friends of the Irish Environmnet v. Ireland Case

Victoria Adelmant, Philip Alston, and Matthew Blainey

17. Closing the Supply-Side Accountability Gap Through Climate Litigation

Michelle Jonker-Argueta

18. Climate Litigation Before International Tribunals: The Six Portuguese Youth v.

33 Governments of Europe Case Before the European Court of Human Rights

Gerry Liston and Paul Clark

19. Is There a Brazilian Approach to Climate Litigation? The Climate Crisis, Political Instability and Litigation Possibilities in Brazil

Julia Neiva and Gabriel Mantelli

20. Climate Change Litigation in India: Its Potential and Challenges

Arpithat Kodiveri

21. The Tide of Climate Litigation is Upon us in Africa

Pooven Moodley

22. Pakistan: A Good Story That Can Go Awry If Shortcomings Remain Unacknowledged

Waqqas Mir

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