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Climate in Court

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Climate in Court

Defining State Obligations on Global Warming Through Domestic Climate Litigation

9781800886889 Edward Elgar Publishing
Pau de Vilchez Moragues, Lecturer in International Law, Deputy Director of the Interdisciplinary Lab on Climate Change (LINCC), University of the Balearic Islands, Spain and Chair of the Climate Change Committee of the Balearic Islands
Publication Date: 2022 ISBN: 978 1 80088 688 9 Extent: 352 pp
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.

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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.
 
As an increasing number of environmental organisations are requiring domestic courts to answer this fundamental question, this book illustrates that more and more court decisions are confirming that the discretion held by States with regards to the issue of climate change is not unlimited. The book explores how States must also demonstrate that sufficient action is being taken to protect their citizens from risks. With in-depth assessments of common legal grounds, such as the international climate change regime, environmental law principles and human rights, it further highlights potential issues for climate litigation including the separation of powers and the standing of the plaintiffs themselves.
 
Addressing current and emerging issues, this timely book will be an excellent resource for scholars of environmental law, climate change and human rights. Environmental activists and organisations looking for examples of initiatives to tackle issues such as environmental protection and justice will find this informative and insightful.
Critical Acclaim
‘Climate change litigation is a growing field not only in practice, but also in scholarship. This book is a welcome contribution to this growing field. It carefully considers climate change litigation through the lens of international climate change law, principles of environmental law and human rights. It provides the reader with an extensive analysis of relevant case law from an extensive number of jurisdictions. The book is highly recommended for those already working in climate change litigation, but also for professionals, researchers and students who wish to learn more about how the law, and the judiciary in particular, can contribute positively to dealing with the climate change challenge before us.’
– Francesco Sindico, University of Strathclyde, UK

‘Climate in Court is a compelling read on the judicialization of climate, one of the most fascinating recent developments in the difficult process of global action on climate change. Pau de Vilchez Moragues does an excellent job illuminating claims brought by citizens and NGOs against States for their failure to adequately address climate change.’
– Joana Setzer, London School of Economics and Political Science, UK

‘Within the now substantial literature on climate litigation, the study by Dr de Vilchez Moragues is one of the rare single-authored book-length examinations of the overall phenomenon. The legal tapestry proposed by the author reveals common threads and features in what, too often, is presented elsewhere in descriptive jurisdiction-by-jurisdiction accounts.’
– Jorge E. Viñuales, University of Cambridge, UK

‘In this excellent book, the author analyses litigation against the State before the national courts for not taking adequate measures against climate change. Showing an outstanding balance between social commitment and academic rigour, it is argued that intertwined court decisions can help confirm the international obligation to reduce greenhouse gas emissions and promote compliance.’
– Antoni Pigrau, Rovira i Virgili University, Spain

‘Climate in Court offers a detailed and insightful overview of twenty cases brought against States for their failure to take adequate measures to address climate change. Analysing them from multiple angles, the author masterfully synthesises their commonalities to draw important conclusions for the study and practice of climate litigation. The book offers enlightening insights into the role that environmental principles play in domestic courts and brilliantly addresses the topical question of the relationship between human rights and climate change. Thanks to its combination of theoretical and practical insights, it will be of great interest to environmental legal scholars as well climate activists.’
– Leslie-Anne Duvic-Paoli, Kings College London, UK
Contents
Contents: Introduction: Unweaving the (legal) tapestry of domestic climate litigation PART I DOMESTIC CLIMATE LITIGATION:EVOLUTION,RECENT CASES AND COMMON CHALLENGE 1. Evolution of climate change case law 2. Three common challenges CONCLUSION TO PART I PART II THE LEGAL GROUNDS 3. The international legal framework on climate change 4. Principles of environmental law 5. Human rights 6. Concluding remarks Index
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