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

Human Rights

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

By César Rodríguez-Garavito
Cambridge University Press November 2022

Specifications

ISBN-13
9781009098779
Publisher
Cambridge University Press
Publication
November 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

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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