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Climate in Court

Hardback

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
Publication Date: April 2022 ISBN: 978 1 80088 688 9 Extent: c 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
‘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
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