Comparative Climate Change Litigation: Beyond the Usual Suspects

Comparative Climate Change Litigation: Beyond the Usual Suspects
Author: Francesco Sindico
Publisher: Springer Nature
Total Pages: 615
Release: 2021-01-21
Genre: Law
ISBN: 3030468828

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This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.

Research Handbook on Climate Change Litigation

Research Handbook on Climate Change Litigation
Author: Francesco Sindico
Publisher: Edward Elgar Publishing
Total Pages: 471
Release: 2024-06-05
Genre: Law
ISBN: 180088978X

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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, 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.

Climate Change Litigation: Global Perspectives

Climate Change Litigation: Global Perspectives
Author: Ivano Alogna
Publisher: BRILL
Total Pages: 567
Release: 2021-04-26
Genre: Law
ISBN: 900444761X

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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.

Constructing a Private Climate Change Lawsuit Under English Law

Constructing a Private Climate Change Lawsuit Under English Law
Author: Giedr? Kaminskait?-Salters
Publisher: Kluwer Law International B.V.
Total Pages: 242
Release: 2010-01-01
Genre: Law
ISBN: 9041132538

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The issue of tortious liability for harm caused by climate change has risen to some prominence in recent legal literature. However, except for a few U.S. cases, litigation in this area remains dormant in most jurisdictions. Now, in anticipation of the likelihood - and desirability - of such litigation, this ground-breaking study examines the extent to which a claim brought by a private, public, or quasi-public claimant against a private defendant (such as a producer of fossil fuels or major emitter of greenhouse gases) alleging climate change-related damage, and based on one or more causes of action under the English law of torts, can be pursued in the English Courts.

Judicial Responses to Climate Change in the Global South

Judicial Responses to Climate Change in the Global South
Author: Shuma Talukdar
Publisher: Springer Nature
Total Pages: 203
Release: 2023-12-13
Genre: Law
ISBN: 3031461428

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This book explores how judiciaries in different parts of the world are responding to climate change and how climate change intersects with the law. It offers feminist approaches to the judicial responses to climate change in the Global South, providing both jurisdictional and thematic reviews. Climate change is one of the most pressing global issues facing humankind, and is currently reshaping geopolitics, governance, law, and international relations around the world. The book’s originality lies in its endeavour to highlight judicial perspectives on climate change from prominent female researchers who have been working on this subject professionally and/or academically, bringing both regional and international views to the subject. The main objective is to give a new meaning to the study of climate change by bringing together the most recent aspects, including climate litigation, eco-constitutionalism and the environmental rule of law, climate and environmental justice, climate geopolitics and climate governance. The book will be of interest to students, academics, and scholars of climate law and environmental law around the world.

Carbon Emissions Trading in China

Carbon Emissions Trading in China
Author: Qin Tianbao
Publisher: Edward Elgar Publishing
Total Pages: 245
Release: 2023-10-06
Genre: Law
ISBN: 1788972945

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Emissions Trading Systems (ETS) have been hailed as a game changer for the evolving climate crisis. This book provides an in-depth analysis of China’s carbon ETS, including its legal and policy frameworks, carbon market mechanisms, and international and comparative implications.

Social Mobilisation for Climate Change

Social Mobilisation for Climate Change
Author: Valentina E. Albanese
Publisher: Taylor & Francis
Total Pages: 225
Release: 2024-11-30
Genre: Social Science
ISBN: 1040176496

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This book is the outcome of an interdisciplinary research process aimed at capturing the complexity of the social mobilisation for climate change. It brings together various academic perspectives to understand the diverse forms of climate activism, challenging traditional notions of agency, space, justice, and legality. The reader will broaden their understanding of the social mobilisation for climate change and its interactions with new digital spaces. This book questions public authorities and big greenhouse gas emitters, individual and generational behaviors, artistic creations, territorial identities, legal systems, and even the idea of democracy. This broad overview results from a collection of concise contributions from scholars with different backgrounds, who employ a variety of tools and methodologies in their analysis, although delivering their findings in an accessible language. It is intended for students, scholars, practitioners, and policymakers in the areas of Climate Change, Digital Activism, Cultural and Legal Geography, Social and Spatial Justice, Human Rights and Environmental Law, Sustainable Cities, and Just Transition.

Climate Litigation and Justice in Africa

Climate Litigation and Justice in Africa
Author: Kim Bouwer
Publisher: Policy Press
Total Pages: 359
Release: 2024-01-25
Genre: Law
ISBN: 1529228972

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EPDF and EPUB available Open Access under CC-BY-NC-ND licence. In recent years, climate litigation has become an important subject of global scholarly and policy interest. However, developments within the Global South, particularly in Africa, have been largely neglected. This volume brings together an international team of contributors to provide a much-needed examination of climate litigation in Africa. The book outlines how climate litigation in Africa is distinct as well as pinpointing where it connects with the global conversation. Chapters engage with crucial themes such as human rights approaches to climate governance, corporate liability and the role of gender in climate litigation. Spanning a range of approaches and jurisdictions, the book challenges universal concepts around climate and the role of activism (including litigation) in seeking to advance climate governance.

Litigating Climate Change in the Global South

Litigating Climate Change in the Global South
Author: Jolene Lin
Publisher: Oxford University Press
Total Pages: 273
Release: 2024-07-15
Genre: Law
ISBN: 0192657682

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While climate change litigation in developed countries of the 'Global North' is a well-studied phenomenon (from its distinctive characteristics and the contribution it is making, to the implementation of international climate laws like the Paris Agreement), relatively few studies focus on climate case law emerging elsewhere. Litigating Climate Change in the Global South sheds light on emerging and accelerating climate litigation in developing countries across the three regions of Africa, Latin America and the Caribbean, and Asia and the Pacific. It is the first monograph-length work to provide a comprehensive assessment of this jurisprudence. Amid growing scholarly and policy interest in climate change litigation and its impact on international climate governance, the book examines which Global South countries are seeing climate cases, what is driving these trends, the coalitions of actors involved, and the early impacts this litigation is having on global goals of climate mitigation and adaptation.

Carbon-Free Shipping and Shipping Carbon

Carbon-Free Shipping and Shipping Carbon
Author: Stephen Girvin
Publisher: Bloomsbury Publishing
Total Pages: 329
Release: 2024-08-22
Genre: Law
ISBN: 150997265X

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This book explores the private law implementation of the new international and EU regulatory framework targeting decarbonisation in the shipping industry. Compared with other sectors, the shipping industry has traditionally been labelled a 'slow mover' concerning the sustainability agenda. However, new regulatory measures on carbon reduction both internationally and in the EU require fundamentally new developments in the industry. This book focuses on the goal of carbon reduction from a private law perspective and considers how the new regulatory framework can be implemented in the shipping industry. This book studies existing contractual provisions in charterparties and bills of lading alongside new contractual model clauses designed to facilitate carbon reduction. It considers how the new clauses should be interpreted, whether they will transform traditional shipping contracts into more collaborative contracts, and how they will interact with other clauses in the contract and with other contracts in the supply chain. The contractual analysis is considered in context, reflecting on enforcement issues, such as Port State Control (PSC), the Poseidon Principles, and climate change litigation. The book also analyses the related topic of shipping contracts for carbon storage as a necessary means of meeting carbon reduction targets. The book is intended to pave the way for understanding how core shipping contracts can work in this new context and the extent to which the new types of clauses will profoundly transform contracts. It presents contributions by experienced and younger academics and practitioners from Asian, European and Scandinavian legal systems.