Comparative Climate Change Litigation Beyond The Usual Suspects

Author : Francesco Sindico,Makane Moïse Mbengue
Publisher : Springer Nature
Page : 615 pages
File Size : 44,5 Mb
Release : 2021-01-21
Category : Law
ISBN : 9783030468828

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Comparative Climate Change Litigation: Beyond the Usual Suspects by Francesco Sindico,Makane Moïse Mbengue Pdf

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 : Shuma Talukdar,Valéria Emília de Aquino
Publisher : Springer Nature
Page : 203 pages
File Size : 47,6 Mb
Release : 2023-12-13
Category : Law
ISBN : 9783031461422

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Judicial Responses to Climate Change in the Global South by Shuma Talukdar,Valéria Emília de Aquino Pdf

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.

Author : Qin Tianbao,Zhang Meng
Publisher : Edward Elgar Publishing
Page : 245 pages
File Size : 41,6 Mb
Release : 2023-10-06
Category : Law
ISBN : 9781788972949

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Carbon Emissions Trading in China by Qin Tianbao,Zhang Meng Pdf

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.

Author : Kim Bouwer,Uzuazo Etemire,Tracy-Lynn Field,Ademola Oluborode Jegede
Publisher : Policy Press
Page : 359 pages
File Size : 40,8 Mb
Release : 2024-01-25
Category : Law
ISBN : 9781529228977

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Climate Litigation and Justice in Africa by Kim Bouwer,Uzuazo Etemire,Tracy-Lynn Field,Ademola Oluborode Jegede Pdf

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.

Author : Giuseppe Bellantuono,Lee Godden,Hanri Mostert,Hannah Wiseman,Hao Zhang
Publisher : Walter de Gruyter GmbH & Co KG
Page : 404 pages
File Size : 41,6 Mb
Release : 2023-05-22
Category : Law
ISBN : 9783110752458

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Handbook of Energy Law in the Low-Carbon Transition by Giuseppe Bellantuono,Lee Godden,Hanri Mostert,Hannah Wiseman,Hao Zhang Pdf

The low-carbon transition is ongoing everywhere. This Handbook, written by a group of senior and junior scholars from six continents and nineteen countries, explores the legal pathways of decarbonisation in the energy sector. What emerges is a composite picture. There are many roadblocks, but also a lot of legal innovation. The volume distils the legal knowledge which should help move forward the transition. Questions addressed include the differences between the decarbonization strategies of developed and developing countries, the pace of the transition, the management of multi-level governance systems, the pros and cons of different policy instruments, the planning of low-carbon infrastructures, the roles and meanings of energy justice. The Handbook can be drawn upon by legal scholars to compare decarbonisation pathways in several jurisdictions. Non-legal scholars can find information to be included in transition theories and decarbonization scenarios. Policymakers can discover contextual factors that should be taken into account when deciding how to support the transition.

Author : Guillaume Laganière
Publisher : Bloomsbury Publishing
Page : 334 pages
File Size : 46,8 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781509951161

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Liability for Transboundary Pollution at the Intersection of Public and Private International Law by Guillaume Laganière Pdf

This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.

Author : Anonim
Publisher : Oxford University Press
Page : 273 pages
File Size : 47,9 Mb
Release : 2024-06-01
Category : Electronic
ISBN : 9780192657688

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by Anonim Pdf

Author : Reins, Leonie,Verschuuren, Jonathan
Publisher : Edward Elgar Publishing
Page : 555 pages
File Size : 52,6 Mb
Release : 2022-09-08
Category : Law
ISBN : 9781839101595

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Research Handbook on Climate Change Mitigation Law by Reins, Leonie,Verschuuren, Jonathan Pdf

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.

Author : Katarzyna Gromek-Broc
Publisher : Kluwer Law International B.V.
Page : 761 pages
File Size : 46,5 Mb
Release : 2023-07-14
Category : Law
ISBN : 9789403541068

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Public Law in a Troubled Era by Katarzyna Gromek-Broc Pdf

Public law, which examines relations between governments and institutions and individuals, has, in recent years, become deeply disturbed by an erosion of the rule of law, notably in some of the world’s most professedly democratic nations. In this book of edited essays, many of the world’s leading public lawyers draw on examples from the United Kingdom, European States, and the European Union (EU) to explore the alarming tensions unleashed as Europe is rocked by Brexit, the war between nations on the EU border, and the worldwide phenomenon of populist resistance to globalised forces and liberal democratic aspirations. The book is dedicated to Professor Patrick Birkinshaw, who until his retirement was Director of the Institute of European Public Law and Professor of Public Law at the University of Hull and widely respected as a leading authority on public law. With a focus on public law and European public law jurisprudence with hugely important global ramifications, the contributions continue his work and crucially deal with the new and troubling shape of the law–politics relationship. The essays examine these developments under four headings: Law in a World Turned Upside/Down, with essays on (e.g.) Brexit, the denial of human rights and the rule of law in Hungary, climate change governance; Law and Politics: A Shifting Boundary?, showing how advances in the courts have prompted reaction to curtail judicial review and human rights protection, especially evident in the fading mirage of fair trial rights and administration on the EU periphery; Law’s Promise, specifying real achievements in the way of reform and higher levels of security for individuals; and New Bearings, exploring initiatives and emerging problems, including reform of judicial review, the European Banking Law, digitalization of public administration, and institutional interactions with the Chinese 1982 Constitution. The book brings together leading university professors, public officials and judges, all experts in their respective fields. All are concerned with a central role for law in the process of governance. This unrivalled volume penetrates the contradictions, uncertainties, and insecurities that plague this topic of worldwide interest and debate, and will prove invaluable to practitioners, public administrators, jurists, judges and legal academics everywhere. It will also be of interest to political scientists and politicians. In its completely original and innovative discussions of the changes taking place at the interface of law and politics, and of how law can enhance certainty and reliability in governance, this book provides a most detailed and insightful analysis of the new bearings in public law in Europe and worldwide.

Author : Baris Cayli Messina
Publisher : Walter de Gruyter GmbH & Co KG
Page : 158 pages
File Size : 52,5 Mb
Release : 2023-05-22
Category : Social Science
ISBN : 9783111081687

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Environmental Injustice and Catastrophe by Baris Cayli Messina Pdf

Author : Jelena Bäumler,Christina Binder,Marc Bungenberg,Markus Krajewski,Giesela Rühl,Christian J. Tams,Jörg Philipp Terhechte,Andreas R. Ziegler
Publisher : Springer Nature
Page : 581 pages
File Size : 50,9 Mb
Release : 2023-05-23
Category : Law
ISBN : 9783031285325

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European Yearbook of International Economic Law 2022 by Jelena Bäumler,Christina Binder,Marc Bungenberg,Markus Krajewski,Giesela Rühl,Christian J. Tams,Jörg Philipp Terhechte,Andreas R. Ziegler Pdf

Climate change is the defining challenge of our time. While political leadership and scientific expertise are key, law has a major role to play in fashioning responses. Volume 13 of the EYIEL assesses central aspects of the legal regimes governing "Climate Change and Liability". Covering traditional trade and investment topics as well EU instruments regulating private actors, contributions reflect the diverse links between international economic law and climate change. Through a mix of foundational inquiries and coverage of current issues (such as climate change litigation), the volume offers a rich and nuanced account of international economic law in an era of "Climate Change and Liability".

Author : Peter Gailhofer,David Krebs,Alexander Proelss,Kirsten Schmalenbach,Roda Verheyen
Publisher : Springer Nature
Page : 654 pages
File Size : 40,7 Mb
Release : 2022-11-14
Category : Law
ISBN : 9783031132643

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Corporate Liability for Transboundary Environmental Harm by Peter Gailhofer,David Krebs,Alexander Proelss,Kirsten Schmalenbach,Roda Verheyen Pdf

This open access book aims to elaborate on the legal prerequisites to establish the liability of corporations for transboundary environmental harm, not only by identifying existing liability rules, principles and standards but also by analysing their potential for further legal development. The authors consider international and transboundary liability law to currently be an underutilised tool for international environmental protection. The book seeks to address this by exploring what is needed in terms of legislative action and identifying options for judicial pliability, thereby providing an important legal contribution in furthering the development of an effective international and transnational environmental liability law regime.

Author : Anonim
Publisher : Unknown
Page : 53 pages
File Size : 45,6 Mb
Release : 2009
Category : Electronic
ISBN : OCLC:951590221

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Climate Change Litigation by Anonim Pdf

Author : Jacqueline Peel,Hari M. Osofsky
Publisher : Cambridge University Press
Page : 377 pages
File Size : 55,6 Mb
Release : 2015-04-09
Category : Law
ISBN : 9781107036062

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Climate Change Litigation by Jacqueline Peel,Hari M. Osofsky Pdf

This book examines how litigation over climate change shapes the choices of governments, corporations and the public regarding mitigation and adaptation.

Author : Reinhard Mechler,Laurens M. Bouwer,Thomas Schinko,Swenja Surminski,JoAnne Linnerooth-Bayer
Publisher : Springer
Page : 557 pages
File Size : 52,5 Mb
Release : 2018-11-28
Category : Science
ISBN : 9783319720265

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Loss and Damage from Climate Change by Reinhard Mechler,Laurens M. Bouwer,Thomas Schinko,Swenja Surminski,JoAnne Linnerooth-Bayer Pdf

This book provides an authoritative insight on the Loss and Damage discourse by highlighting state-of-the-art research and policy linked to this discourse and articulating its multiple concepts, principles and methods. Written by leading researchers and practitioners, it identifies practical and evidence-based policy options to inform the discourse and climate negotiations. With climate-related risks on the rise and impacts being felt around the globe has come the recognition that climate mitigation and adaptation may not be enough to manage the effects from anthropogenic climate change. This recognition led to the creation of the Warsaw International Mechanism on Loss and Damage in 2013, a climate policy mechanism dedicated to dealing with climate-related effects in highly vulnerable countries that face severe constraints and limits to adaptation. Endorsed in 2015 by the Paris Agreement and effectively considered a third pillar of international climate policy, debate and research on Loss and Damage continues to gain enormous traction. Yet, concepts, methods and tools as well as directions for policy and implementation have remained contested and vague. Suitable for researchers, policy-advisors, practitioners and the interested public, the book furthermore: • discusses the political, legal, economic and institutional dimensions of the issue• highlights normative questions central to the discourse • provides a focus on climate risks and climate risk management. • presents salient case studies from around the world.