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Climate Change before International Courts: A Comparative Study

Climate Change before International Courts: A Comparative Study

Author: Carla Gomes; Heloísa Oliveira; Armando Rocha; Matteo Fermeglia
Publisher: Routledge
ISBN: 9781032867892
Published In: September 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This book provides a comprehensive analysis of environmental law and climate change litigation within international courts, both substantively and procedurally. Climate change litigation is an area of continuous growth and complexity, particularly within international courts and bodies. This book uses a comparative approach, analysing case law from international sources. It focuses on three key areas, namely trends and features, legal grounds for litigation, and legal standing before courts. A concluding comparative chapter highlights the specific shortcomings and potential of each system in dealing with climate change problems, taking stock of fragmentation and unity in international law. The book presents instances in which international courts are applying procedural and substantive law to this disruptive, transnational, and intergenerational legal problem. It addresses gaps in the legal framework and identifies systems which are not fit for purpose.

With international contributions from authors of diverse backgrounds, this book will be of interest to researchers in the field of climate change and environmental law, EU and international law and international court litigation.

List of Tables

List of Contributors

Acknowledgements

Climate change before international courts: Introductory note

Carla Amado Gomes, Heloísa Oliveira, Armando Rocha and Matteo Fermeglia

A. LEGAL GROUNDS IN INTERNATIONAL CLIMATE LITIGATION

1. The United Nations System – Legal Grounds in Climate Litigation

Margaretha Wewerinke-Singh, Manasa Venkatachalam and Armando Rocha

2. The Inter-American Human Rights System’s Contribution to Climate Litigation

Maria Antónia Tigre and Thalia Viveros-Uehara

3. In Search for the Content of States’ Positive Obligations under the European Convention on Human Rights: KlimaSeniorinnen and Climate Change

Vladislava Stoyanova