Full Description
This volume explores climate litigation as a means to tackle the rights and socio-ecological, intergenerational, gender, racial, and other justice implications of the ever-growing vulnerability to climate change, whilst critically engaging with the notions of vulnerability and intersectional climate justice.
With insightful analysis, thought-provoking case studies, and a global perspective, the collection illustrates the opportunities and pitfalls of litigation pursued by people from the Global South who face intersecting forms of oppression and marginalisation amidst the climate crisis. Contributors discuss litigation strategy, novel legal arguments, institutional barriers, and unique socio-ecological and political challenges in the Global South. Divided into two parts, the book recognises that climate change is an existential threat to humanity more frequently being tackled in courts worldwide. The first part exposes the limits of litigation as a mechanism for intersectional climate justice for vulnerable people in the Global South. The second part highlights innovations in climate litigation in pursuit of intersectional climate justice.
The book will be of interest to academics, researchers, and policymakers in the areas of human rights law, environmental law, climate law, Latin American studies, South Asian studies, and African studies.
Contents
Introduction: Linking Global South Vulnerability, Intersectionality, and Climate Litigation, Melanie Jean Murcott, Maria Antonia Tigre, Susan Ann Samuel; Part I: Exposing the Limits of Litigation as a Mechanism for Intersectional Climate Justice; 1. Facing Coloniality within Legal Systems: Indigenous Peoples in Latin American Climate Litigation, Elisa Fiorini Beckhauser and Valeriana Augusta Broetto; 2. Reframing Climate Change Litigation in the Global South: A Study of Wind Energy Projects and Extractivism in India, Ayan Garg and Nitai Vishal Hinduja; 3. Addressing Health Crises through Courts? Understanding Inequality in Latin America's Climate Litigation, Thalia Viveros Uehara; 4. The Inclusion of Women and Girls in Climate Adaptation Policy in India: Opportunities and Challenges for Future Litigation, Moushita Dutta and Katherine Lofts; Part 2 - Innovative Litigation in Pursuit of Intersectional Climate Justice 5. Elevating Women's Voices in Transnational Climate Litigation: The Case of Asmania et al. v Holcim, Nina Burri and Laura Duarte Reyes; 6. Forum Shopping in Climate Litigation? Three Cases Involving the Torres Strait Islands, James Barrett; 7. The Need for Child-Led Climate Litigation in Bangladesh: Lessons from India and Pakistan, Preetkiran Kaur, Sathiabama S. and Vedavalli S.; 8. A Human Rights Approach to Environmental Protection (HRAEP) as a Tool for Fostering Climate-Resilience for the Nigerian Woman, Muhammed Tawfiq Ladan and Nkiruka Chidia Maduekwe; 9. A Litigation Strategy for Vulnerable Communities Pursuing Climate Litigation: The Indian Iteration of the Precautionary Principle and the Reversal of the Burden of Proof, Kanika Jamwal; 10. Conclusion: Key Lessons and A Future Research Agenda for Climate Litigation and Vulnerabilities, Maria Antonia Tigre, Melanie Jean Murcott, and Susan Ann Samuel.
