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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.


Research Handbook on Climate Change Litigation

Research Handbook on Climate Change Litigation
Author: Francesco Sindico
Publisher: Edward Elgar Publishing
Total Pages: 471
Release: 2024-06-05
Genre: Law
ISBN: 180088978X

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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.


Judicial Responses to Climate Change in the Global South

Judicial Responses to Climate Change in the Global South
Author: Shuma Talukdar
Publisher: Springer Nature
Total Pages: 203
Release: 2023-12-13
Genre: Law
ISBN: 3031461428

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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.


Carbon Emissions Trading in China

Carbon Emissions Trading in China
Author: Qin Tianbao
Publisher: Edward Elgar Publishing
Total Pages: 245
Release: 2023-10-06
Genre: Law
ISBN: 1788972945

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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.


Climate Litigation and Justice in Africa

Climate Litigation and Justice in Africa
Author: Kim Bouwer
Publisher: Policy Press
Total Pages: 359
Release: 2024-01-25
Genre: Law
ISBN: 1529228972

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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.


Litigating Climate Change in the Global South

Litigating Climate Change in the Global South
Author: Jolene Lin
Publisher: Oxford University Press
Total Pages: 273
Release: 2024-06-08
Genre: Law
ISBN: 0192657674

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While climate change litigation in developed countries of the 'Global North' is a well-studied phenomenon (from its distinctive characteristics and the contribution it is making, to the implementation of international climate laws like the Paris Agreement), relatively few studies focus on climate case law emerging elsewhere. Litigating Climate Change in the Global South sheds light on emerging and accelerating climate litigation in developing countries across the three regions of Africa, Latin America and the Caribbean, and Asia and the Pacific. It is the first monograph-length work to provide a comprehensive assessment of this jurisprudence. Amid growing scholarly and policy interest in climate change litigation and its impact on international climate governance, the book examines which Global South countries are seeing climate cases, what is driving these trends, the coalitions of actors involved, and the early impacts this litigation is having on global goals of climate mitigation and adaptation.


Handbook of Energy Law in the Low-Carbon Transition

Handbook of Energy Law in the Low-Carbon Transition
Author: Giuseppe Bellantuono
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 404
Release: 2023-05-22
Genre: Law
ISBN: 311075245X

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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.


Liability for Transboundary Pollution at the Intersection of Public and Private International Law

Liability for Transboundary Pollution at the Intersection of Public and Private International Law
Author: Guillaume Laganière
Publisher: Bloomsbury Publishing
Total Pages: 334
Release: 2022-02-24
Genre: Law
ISBN: 1509951164

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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.


Americans and Climate Change

Americans and Climate Change
Author: Daniel Rhame Abbasi
Publisher: Yale School of Forestry & Environmental Studies
Total Pages: 222
Release: 2006
Genre: Climatic changes
ISBN:

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Part I of this report is a synthesis that highlights eight selected themes, each of which relates to diagnoses, recommendations, and important lines of debate or inquiry. Part II describes the diagnoses and 39 recommendations from the eight working groups.


The Foundations of European Transnational Private Law

The Foundations of European Transnational Private Law
Author: Anna Beckers
Publisher: Bloomsbury Publishing
Total Pages: 419
Release: 2024-05-30
Genre: Law
ISBN: 1509962948

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Since Anu Bradford's groundbreaking book on the Brussels Effect there is a vastly evolving literature on the EU as a global regulatory actor as well as the global reach of EU law. This edited collection connects to this debate. Yet, it shifts the focus from the currently predominant public law focus to investigating European and EU private law and to connecting to literature and research on transnational law. To that end, it proceeds first conceptually by introducing and giving shape to the notion of a “European Transnational Private Law” through four conceptual contributions by the editors. Secondly, it focuses on several sectors (finance, taxation, investment, consumer law, labour law) and topics (climate litigation, global value chains, non-discrimination) to trace sector-specifically the role of EU private law in relation to transnational legal ordering.