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Author : Jolene Lin,Douglas A. Kysar
Publisher : Cambridge University Press
Page : 445 pages
File Size : 46,8 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781108478465
Comprehensively examines the role that litigation can play in galvanizing climate action in the Asia Pacific Region.
Author : Jacqueline Peel,Hari M. Osofsky
Publisher : Cambridge University Press
Page : 377 pages
File Size : 45,5 Mb
Release : 2015-04-09
Category : Law
ISBN : 9781107036062
This book examines how litigation over climate change shapes the choices of governments, corporations and the public regarding mitigation and adaptation.
Author : Francesco Sindico,Makane Moïse Mbengue
Publisher : Springer Nature
Page : 615 pages
File Size : 44,6 Mb
Release : 2021-01-21
Category : Law
ISBN : 9783030468828
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.
Author : Ivano Alogna,Christine Bakker,Jean-Pierre Gauci
Publisher : BRILL
Page : 567 pages
File Size : 51,7 Mb
Release : 2021-04-26
Category : Law
ISBN : 9789004447615
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.
Author : William C. G. Burns,Hari M. Osofsky
Publisher : Cambridge University Press
Page : 413 pages
File Size : 43,7 Mb
Release : 2009-07-27
Category : Law
ISBN : 9781139480895
Courts have emerged as a crucial battleground in efforts to regulate climate change. Over the past several years, tribunals at every level of government around the world have seen claims regarding greenhouse gas emissions and impacts. These cases rely on diverse legal theories, but all focus on government regulation of climate change or the actions of major corporate emitters. This book explores climate actions in state and national courts, as well as international tribunals, in order to explain their regulatory significance. It demonstrates the role that these cases play in broader debates over climate policy and argues that they serve as an important force in pressuring governments and emitters to address this crucial problem. As law firms and public interest organizations increasingly develop climate practice areas, the book serves as a crucial resource for practitioners, policymakers and academics.
Author : Giedr? Kaminskait?-Salters
Publisher : Kluwer Law International B.V.
Page : 242 pages
File Size : 44,5 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041132536
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.
Author : Wolfgang Kahl,Marc Weller
Publisher : Unknown
Page : 128 pages
File Size : 42,6 Mb
Release : 2020
Category : Electronic
ISBN : 3406743897
Author : de Vilchez Moragues, Pau
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 44,6 Mb
Release : 2022-04-15
Category : Law
ISBN : 9781800886896
Answering the key question of whether there is an obligation for States to define and enact sound climate policies in order to avoid the impacts of global warming, this timely book provides expert analysis on recent global climate cases, assessing not only the plaintiffs’ claims but also the legal reasoning put forward by the courts.
Author : Richard Lord,Silke Goldberg,Lavanya Rajamani,Jutta Brunnée
Publisher : Cambridge University Press
Page : 711 pages
File Size : 51,9 Mb
Release : 2011
Category : Law
ISBN : 9781107017603
"As frustration mounts in some quarters at the perceived inadequacy or speed of international action on climate change, and as the likelihood of significant impacts grows, the focus is increasingly turning to liability for climate change damage. Actual or potential climate change liability implicates a growing range of actors, including governments, industry, businesses, non-governmental organisations, individuals and legal practitioners. Climate Change Liability provides an objective, rigorous and accessible overview of the existing law and the direction it might take in seventeen developed and developing countries and the European Union. In some jurisdictions, the applicable law is less developed and less the subject of current debate. In others, actions for various kinds of climate change liability have already been brought, including high profile cases such as Massachusetts v. EPA in the United States. Each chapter explores the potential for and barriers to climate change liability in private and public law"--
Author : Joseph Smith,David J. C. Shearman
Publisher : Presidian Publishing
Page : 214 pages
File Size : 42,9 Mb
Release : 2006
Category : Law
ISBN : STANFORD:36105134429914
Within the legal framework, the test adopts an interdisciplinary examination and critical analysis of the existing body of scientific evidence representing the consensus on global warming of climate scientists.
Author : Francesco Sindico,Kate McKenzie,Gastón A Medici-Colombo,Lennart Wegener
Publisher : Edward Elgar Publishing
Page : 471 pages
File Size : 49,7 Mb
Release : 2024-06-05
Category : Law
ISBN : 9781800889781
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.
Author : Michael Gerrard
Publisher : American Bar Association
Page : 796 pages
File Size : 48,8 Mb
Release : 2007
Category : Law
ISBN : 1590318161
This comprehensive, current examination of U.S. law as it relates to global climate change begins with a summary of the factual and scientific background of climate change based on governmental statistics and other official sources. Subsequent chapters address the international and national frameworks of climate change law, including the Kyoto Protocol, state programs affected in the absence of a mandatory federal program, issues of disclosure and corporate governance, and the insurance industry. Also covered are the legal aspects of other efforts, including voluntary programs, emissions trading programs, and carbon sequestration.
Author : Lisa Benjamin
Publisher : Cambridge University Press
Page : 251 pages
File Size : 41,9 Mb
Release : 2021-04-29
Category : Business & Economics
ISBN : 9781108484671
Company law can and should act as a bridge (rather than a barrier) to progressive corporate climate action.
Author : Deok-Young Park
Publisher : Springer
Page : 218 pages
File Size : 41,8 Mb
Release : 2016-04-29
Category : Law
ISBN : 9783319293226
This book provides an excellent overview of the legal issues surrounding climate change mitigation and international trade law. It surveys key observed and potential challenges posed by responses to climate change in terms of international trade law. By examining the controversial issues seen in legal cases in which domestic climate change or renewable energy measures conflicted with international trade regimes, this volume promotes and broadens the understanding and debate of the issues. Beyond the recognized challenges, this book uncovers potential areas of conflict between climate change responses and international trade promotion by exploring previous cases and current efforts to prevent climate change. Furthermore, this volume sheds light on the future direction of international trade law and climate change responses, pointing out that the development of climate change or renewable energy laws and policies must also consider international trade regimes in order to ensure the smooth implementation of said laws and policies and guarantee that international trade laws do not restrict environmental policy space.
Author : Reins, Leonie,Verschuuren, Jonathan
Publisher : Edward Elgar Publishing
Page : 555 pages
File Size : 40,5 Mb
Release : 2022-09-08
Category : Law
ISBN : 9781839101595
This meticulously revised second edition provides a comparative overview of climate change mitigation issues and international regulatory approaches, bringing together expert contributors to analyse key sectors such as energy, transport, cities, industry, land use, agriculture and waste.
