Comparative Climate Change Litigation: Beyond the Usual Suspects

ISBN-13: 9783030468842 / Angielski / Miękka / 2022 / 634 str.

Opis

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.

Spis treści

Climate Change Litigation: An Overview.- Part I: Countries that have experienced (some) climate change litigation.- Climate change litigation in Colombia.- Climate change and the individual: South African climate change litigation.- The Netherlands.- Climate Change and the Individual: A Norwegian Perspective.- Climate Change and Individuals’ Rights in Switzerland.- Climate Change and the Individual in the United Kingdom.- Climate Change and the Individual in Canada.- Climate Change and the Individual in the United States.- Climate Change Litigation in New Zealand.- Part II: Climate Change Litigation: Going Beyond the Usual Suspects.- Litigating Climate Change in Bolivian National Courts.- Climate Change and the Individual in Mexico.- Climate Change Litigation in Chile: Between the Constitutional Path and the Environmental Jurisdiction Path.- Climate Change and The Individual: The Brazilian Perspective.- Climate Change law, policy and litigation in Qatar.- Climate Litigation in India.- Climate Change and the Individual: Case Study of the Philippines.- Climate Change and the Individual. A Perspective of China.- Climate Change Litigation in Kenya: Possibilities and Potentiality.- Climate Change Litigation in Nigeria: Challenges and Opportunities.- Local liability for Global Consequences? Climate Change Litigation in Belgium.- Climate Change Disputes in the Czech Republic.- Climate Change Litigation in Italy.- Climate Change Litigation in France.- Climate Change and the Individual in the Finnish Legal System.- Opportunities for Climate Litigation in Russia: The Impossibility of the Possible.- Climate change and the individual: Ukraine.- Climate change litigation in Spain.- Climate Change Litigation in a Comparative Perspective.

O autorze

Francesco Sindico is an Associate Professor (Reader) in International Environmental Law at the University of Strathclyde in Glasgow, Scotland where he is the Co-Director of the Strathclyde Centre for Environmental Law and Governance. He is an expert in international law, with a particular focus on international climate change law, water law, and sustainable development policy, areas in which he has published widely. He provides legal advice to national governments and international organisations and has acted as counsel in disputes before international courts.

Makane Moïse Mbengue is a Professor of Public International Law at the Faculty of Law and at the Institute of Environmental Sciences of the University of Geneva as well as an Affiliate Professor at Science Po Paris (School of Law). He is the Director of the Department of International Law and International Organization of the Faculty of Law of the University of Geneva. He also acts as a professor for courses in international law organized by the United Nations Office of Legal Affairs (OLA). He advises or has advised several international institutions, including the International Labour Organisation (ILO), the World Health Organisation (WHO), the United Nations Economic Commission for Africa (UNECA) and the African Union (AU). He acts as counsel in disputes before international courts and tribunals and is often involved in investment negotiations.