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Climate Litigation in Asia and the Pacific and Beyond

Climate Litigation in Asia and the Pacific and Beyond
Author: Asian Development Bank
Publisher: Asian Development Bank
Total Pages: 359
Release: 2020-12-01
Genre: Science
ISBN: 9292625225

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Climate change in Asia and the Pacific is deadly and impacts communities now. Regional climate litigation seeks relief in increasingly urgent ways and judges need a tool kit to respond. Report Two of this four-part series is a comprehensive review of the growing number and variety of climate lawsuits in Asia and the Pacific. It underscores the unique flavor and voice of regional jurisprudence and compares it with global approaches. No one can solve climate change alone and neither can any particular judiciary. Judges can, however, learn from each other, taking judicial excellence and applying it to the case before them.


Climate Change, Coming Soon to a Court Near You

Climate Change, Coming Soon to a Court Near You
Author: Asian Development Bank
Publisher:
Total Pages: 268
Release: 2020
Genre:
ISBN: 9789292625214

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Report 2 contains a comprehensive review of the growing number and variety of climate lawsuits in Asia and the Pacific. It underscores the unique flavor and voice of regional jurisprudence and compares it with global approaches. Climate change in Asia and the Pacific is deadly and impacts communities now. The report details why and how regional climate litigation seeks relief in increasingly urgent ways. It is the second in the four-part series that ADB produced in recognition of the inevitability of increased litigation in the era of climate change.


Climate Change Litigation in the Asia Pacific

Climate Change Litigation in the Asia Pacific
Author: Jolene Lin
Publisher: Cambridge University Press
Total Pages: 445
Release: 2020-10-29
Genre: Law
ISBN: 1108478468

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Comprehensively examines the role that litigation can play in galvanizing climate action in the Asia Pacific Region.


National Climate Change Legal Frameworks in Asia and the Pacific

National Climate Change Legal Frameworks in Asia and the Pacific
Author: Asian Development Bank
Publisher: Asian Development Bank
Total Pages: 441
Release: 2020-12-01
Genre: Science
ISBN: 9292625489

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National legal and policy frameworks underpin international climate action because they are the backbone of domestic responses to the climate emergency. Unless they support global objectives, local climate action stalls. Concerned by sluggish national responses to climate change or injured by its impacts, citizens are filing lawsuits, making courts central to national climate governance. To adjudicate these lawsuits, courts require current information about their climate change legal and policy frameworks. This report provides holistic syntheses of the climate legal and policy frameworks of 32 countries in Asia and the Pacific and discusses key legislative trends and climate-relevant constitutional rights.


Climate Change Liability and Beyond

Climate Change Liability and Beyond
Author: Jiunn-rong Yeh、Sandrine Maljean-Dubois、Yann Kerbrat等 著
Publisher: 國立臺灣大學出版中心
Total Pages: 388
Release: 2017-01-18
Genre: Law
ISBN: 9863502111

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Climate change and its adverse impacts on nature and human society are clearly felt. Who should bear the responsibility? Should anyone be held liable for grave losses and damages related to climate change? In what way and to what extent can these issues be addressed in legal mechanisms both globally and locally? Will an international liability regime an ultimate solution? Are courts ready for and capable of resolving these disputes that find intricacy of law, policy and science? To shed light on these issues, this book is structured with four main themes on the discussions of climate change liability and related mechanisms. They are: 1) state liability and responsibility, 2) climate change litigation, 3) climate change liability and alternatives, and 4) dispute resolution and remedies. Reflections on the concepts of liability/responsibly/accountability have provided for nuanced understandings of their functional dynamics in climate change governance. Our findings also suggest that International and domestic courts have become a vital player in attribution or distribution of climate change liability. In addition to formalistic rights discourse and rigid liability regime, a few alternatives such as carbon market, insurance, mediation or soft law are also finding their ways to ensuring sustainability of climate change governance.


Climate Change, Coming to a Court Near You: National climate change legal frameworks in Asia and the Pacific

Climate Change, Coming to a Court Near You: National climate change legal frameworks in Asia and the Pacific
Author: Asian Development Bank
Publisher:
Total Pages: 338
Release: 2020
Genre: Business & Economics
ISBN: 9789292625474

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This report provides holistic syntheses of the climate legal and policy frameworks of 32 countries in Asia and the Pacific and discusses key legislative trends and climate-relevant constitutional rights. National legal and policy frameworks underpin international climate action because they are the backbone of domestic responses to the climate emergency. Unless they support global objectives, local climate action stalls. Concerned by sluggish national responses to climate change or injured by its affects, citizens are filing lawsuits, making courts central to national climate governance. To adjudicate these lawsuits, courts require current information about their climate change legal and policy frameworks.


Adjudicating Climate Change

Adjudicating Climate Change
Author: William C. G. Burns
Publisher: Cambridge University Press
Total Pages: 413
Release: 2009-07-27
Genre: Law
ISBN: 1139480898

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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.


Comparative Climate Change Litigation: Beyond the Usual Suspects

Comparative Climate Change Litigation: Beyond the Usual Suspects
Author: Francesco Sindico
Publisher: Springer Nature
Total Pages: 615
Release: 2021-01-21
Genre: Law
ISBN: 3030468828

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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.


International Environmental Law

International Environmental Law
Author: Pierre-Marie Dupuy
Publisher: Cambridge University Press
Total Pages: 597
Release: 2018-06-07
Genre: Law
ISBN: 1108423604

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A concise, clear, and legally rigorous introduction to international environmental law and practice covering the very latest developments.


Gender-Inclusive Legislative Framework and Laws to Strengthen Women’s Resilience to Climate Change and Disasters

Gender-Inclusive Legislative Framework and Laws to Strengthen Women’s Resilience to Climate Change and Disasters
Author: Asian Development Bank
Publisher: Asian Development Bank
Total Pages: 220
Release: 2021-12-01
Genre: Social Science
ISBN: 9292692216

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Globally, women are disproportionately impacted by climate change and disasters due to gender inequalities and limited opportunities to participate in decision-making processes. To help address this imbalance, this publication provides guidance on how to integrate gender equality in laws and policies on climate change and disaster management in developing member countries of the Asian Development Bank. It provides a conceptual framework and good practice guide based on international norms and examples of national laws. It also demonstrates how gender-responsive laws and policies can contribute to women’s resilience to climate change and disasters. The publication was developed for the use of governments, policy-makers, organizations, and individuals engaged in gender-responsive legislative reforms.