Full Description
This book provides a comprehensive analysis of environmental law and climate change litigation within international courts, both substantively and procedurally. Climate change litigation is an area of continuous growth and complexity, particularly within international courts and bodies. This book uses a comparative approach, analysing case law from international sources. It focuses on three key areas, namely trends and features, legal grounds for litigation, and legal standing before courts. A concluding comparative chapter highlights the specific shortcomings and potential of each system in dealing with climate change problems, taking stock of fragmentation and unity in international law. The book presents instances in which international courts are applying procedural and substantive law to this disruptive, transnational, and intergenerational legal problem. It addresses gaps in the legal framework and identifies systems which are not fit for purpose.
With international contributions from authors of diverse backgrounds, this book will be of interest to researchers in the field of climate change and environmental law, EU and international law, and international court litigation.
Contents
Introductory note A. LEGAL GROUNDS IN INTERNATIONAL CLIMATE LITIGATION 1. The United Nations System - Legal Grounds in Climate Litigation 2. The Inter-American Human Rights System's Contribution to Climate Litigation 3. In Search for the Content of States' Positive Obligations under the European Convention on Human Rights: KlimaSeniorinnen and Climate Change 4. The Protection of the Climate System in the African System of Human Rights - Possible Legal Grounds 5. Climate litigation before the Court of Justice of the European Union - A Quantitative and Qualitative Analysis of Features and Legal Grounds B. PROCEDURAL ISSUES IN INTERNATIONAL CLIMATE LITIGATION 6. Climate Litigation within the United Nations System - Unity, Pluralism, and a Common Goal 7. Climate Litigation in the Inter-American Human Rights System: Addressing Legal Standing 8. Climate Litigation before the European Court of Human Rights: A Catalyst for Reevaluating Prerequisites for Legal Standing 9. Climate Litigation in The African Human Rights System: Possibilities, Limits and Constraints 10. Environmental Litigation and the CJEU: Overcoming Barriers to Standing? 11. Climate change before international courts: Conclusive remarks on a comparative study
