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Research Handbook on Climate Change Litigation
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, it 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.
This title contains one or more Open Access chapters.
This title contains one or more Open Access chapters.
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Critical Acclaim
Contents
More Information
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.
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.
Critical Acclaim
‘There are now countless academic publications on climate litigation. This one is written at least partly from the angle of those scholars and practitioners actually taking those cases to court. A very valuable contribution. As climate litigation moves on and becomes more diverse and complicated, it is necessary to structure the past. This book does just that and also offers new ideas and perspectives. As a practising lawyer, I need to build on past cases, wins and losses. Many of my cases are discussed in this book, be it the RWE, Carvalho or Neubauer cases, and the way in which this is done helps me understand parallels and discover new angles. I encourage colleagues and students eager to build their own cases to read this volume and set their brains to work.’
– Roda Verheyen, Rechtsanwälte Günther, Germany
‘Framed with strategic perspectives on the role of courts and the law in facing our climate crisis, and laced with tactical nuance, analytic depth, and an abundance of resources and references for the public interest lawyer and legal researcher, this Research Handbook offers a timely and significant contribution to the growing body of literature on global climate litigation.’
– Michael Burger, Columbia Law School, US
– Roda Verheyen, Rechtsanwälte Günther, Germany
‘Framed with strategic perspectives on the role of courts and the law in facing our climate crisis, and laced with tactical nuance, analytic depth, and an abundance of resources and references for the public interest lawyer and legal researcher, this Research Handbook offers a timely and significant contribution to the growing body of literature on global climate litigation.’
– Michael Burger, Columbia Law School, US
Contents
Contents
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
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
