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Research Handbook on Climate Change Litigation

Research Handbook on Climate Change Litigation

  • Author:
  • Publisher: Edward Elgar Publishing
  • ISBN: 9781800889774
  • Published In: June 2024
  • Format: Hardback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 2,990.00

HKD 2,900.30 Save HKD 89.70 (3%)

Delivery Time: around 4-5 weeks
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  • Description 
  • Contents 

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This Research Handbook provides a comprehensive depiction of the various stages, opportunities and challenges of climate change litigation at national and international levels from an innovative practice-oriented perspective.

Bringing together expert authors from a range of legal backgrounds, the Research Handbook features contributions not only from experienced academics researching in the field, but also from strategic planning specialists and legal coordinators for organizations involved in climate-related litigation. It follows the entire journey of climate-related disputes, from an examination of the approaches and decisions made before initiating legal proceedings, through the various procedural and legal hurdles and challenges during proceedings, to an exploration of the post-litigation challenges that may arise. The climate litigation process is also analyzed in the context of different international forums, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), and the World Heritage Convention, among others.

The Research Handbook on Climate Change Litigation is a vital resource for scholars and students in arbitration and dispute resolution, climate change law and environmental law. Practitioners such as judges, lawyers, legal advisers for NGOs and public servants in administration will also find this book beneficial.

Foreword xii
Christina Voigt
1.
Climate change litigation: one definition to rule them all…? 1
Kate McKenzie, Gastón Medici-Colombo, Lennart Wegener and Francesco Sindico

PART I CLIMATE CHANGE LITIGATION JOURNEY IN NATIONAL LAW
2.
The crucial role of strategic climate litigation 18
Amy Rose, Denitsa Mladenova and Vesselina Newman
3.
Breaking the mould in the strategic design and implementation of climate litigation 37
Kristin Casper, Louise Fournier, Richard Harvey, Michelle Jonker-Argueta, Kasey Valente and Amrekha Sharma
4.
Climate litigation: access to judicial review in national courts 57
Bolanle Erinosho
5.
Systemic climate change litigation 77
Sarah Mead, Filippo P. Fantozzi and Lucy Maxwell
6.
Actions and grounds of project-focused climate change litigation 99
Brian J. Preston
7.
Breaking new ground in private climate litigation 123
Geetanjali Ganguly
8.
Climate activism and criminal litigation: whose case is it anyway? 145
Grace Nosek and Catherine Higham
9.
Climate science and litigation 164
Jessica Wentz
10.
Climate change litigation and the separation of powers: effective legal protection as the ultimate yardstick? 184
Hendrik Schoukens
11.
The transnational exchange of law through climate change litigation 207
Natasha Affolder and Godwin E. K. Dzah
12.
Remedies and remedial dynamics in climate change litigation: opportunities and challenges 229
Marta Torre-Schaub
13.
The effectiveness of climate change litigation 245
Joana Setzer, Nicola Silbert and Lisa Vanhala

PART II CLIMATE CHANGE LITIGATION JOURNEY IN INTERNATIONAL LAW
14.
Climate change and the International Court of Justice 264
Edgardo Sobenes and Francesco Sindico
15.
Potential climate change litigation in the law of the sea 284
Meinhard Doelle, Zhen Sun and Clive Schofield
16.
Climate litigation, international human rights and the right to a healthy environment: connecting the dots 304
Sumudu Atapattu
17.
Climate litigation and international trade law 328
Henok Asmelash
18.
Climate change and investor-State disputes: protecting stranded assets or promoting green investments? 344
Alessandro Monti
19.
The European Union and climate change litigation: promising much but delivering little? 364
Mar Campins Eritja
20.
Climate change litigation before the World Heritage Committee: subject to negotiation? 384
Ellen Hawkins and Anna Huggins
21.
The United Nations Security Council as a climate litigation body 403
Shirley V. Scott and Charlotte Ku
22.
Climate change and international criminal law 422
Julio Prieto Méndez
Index 442

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