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Climate Change Litigation: Global Perspectives

Climate Change Litigation: Global Perspectives

Author: Ivano Alogna; Christine Bakker; Jean-Pierre Gauci
Publisher: Brill Nijhoff
ISBN: 9789004447608
Published In: April 2021
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

Foreword

Lord Carnwath

Notes on Contributors

Ivano Alogna, Christine Bakker, and Jean-Pierre Gauci

Abbreviations

Ivano Alogna, Christine Bakker, and Jean-Pierre Gauci

Chapter 1. Climate Change Litigation: Global Perspectives—An Introduction

Ivano Alogna, Christine Bakker, and Jean-Pierre Gauci

Part 1. Climate Change Litigation: Comparative Perspectives

Chapter 2. Climate Change Litigation in the United States: High Volume of Cases, Mostly About Statutes

Michael B. Gerrard

Chapter 3. Climate Change Litigation in Australia: Law and Practice in the Sunburnt Country

Laura Schuijers and Margaret A Young

Chapter 4. Climate Change Litigation in the United Kingdom: Planning, Energy and Protest

Nigel Pleming and Ruth Keating

Chapter 5. Climate Change Litigation in India and Pakistan: Analyzing Opportunities and Challenges

Birsha Ohdedar

Chapter 6. Climate Change Litigation in France: New Perspectives and Trends

Marta Torre-Schaub

Chapter 7. Climate Change Litigation in Brazil: Will Green Courts Become Greener?

Joana Setzer, Guilherme JS Leal, and Caio Borges

Chapter 8. Climate Change Litigation in South Africa: Firmly Out of the Starting Blocks

Tracy-Lynn Field

Chapter 9. Climate Change Litigation in the Netherlands: The Urgenda Case and Beyond

Christine Bakker

Chapter 10. Prospects for Climate Change Litigation in Russia

Author: Anatoly Yakovlevich Kapustin

Chapter 11 Prospects for Climate Change Litigation in China

Authors: Chen Zhou and Tianbao Qin

Part 2 Climate Change Litigation: Regional and International Perspectives

Editors: Ivano Alogna, Christine Bakker, and Jean-Pierre Gauci

Chapter 12 Climate Change Litigation in Africa: A Multi-Level Perspective

Author: Sam Adelman

Chapter 13 Climate Change Litigation in European Regional Courts: Jumping Procedural Hurdles to Hold States to Account?

Author: Marc Willers

Chapter 14 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

Author: Monica Feria-Tinta

Chapter 15 Intergenerational Climate Change Litigation: The First Climate Communication to the UN Committee on the Rights of the Child

Authors: Ingrid Gubbay and Claus Wenzler

Chapter 16 Inter-State Climate Change Litigation: ‘Neither a Chimera nor a Panacea’

Author: Annalisa Savaresi

Chapter 17 Bringing Climate Change before the International Court of Justice: Prospects for Contentious Cases and Advisory Opinions

Authors: Margaretha Wewerinke-Singh, Julian Aguon, and Julie Hunter

Chapter 18 Litigation under the United Nations Convention on the Law of the Sea: Opportunities to Support and Supplement the Climate Change Regime

Author: James Harrison

Chapter 19 Trade and Climate Disputes before the WTO: Blocking or Driving Climate Action?

Author: Harro van Asselt

Chapter 20 International Arbitration of Climate-Related Disputes: Prospects for Alternative Dispute Resolution