Full Description
This book provides a timely and detailed analysis of key climate change cases in domestic courts across the globe, examining the procedural, evidentiary, legal and strategic dimensions of the complex climate governance landscape. It reveals how, as the threats of climate change grow and as policy fails to respond, individuals and groups have increasingly been turning to national courts to seek relief and clarity through litigation.
Covering cases from across the Global North and South, chapters explore national, transnational and international implications of litigation. They highlight the diversity of cases and litigants turning to courts to assert, defend, or challenge climate-related duties, including youth, senior and Indigenous groups, as well as climate action NGOs. Expert authors assess the ways in which courts are being called on to hear and decide climate change claims, the strategies that litigants are adopting to advance their claims and the responses of governments, corporations and other defendants.
Researchers and students of environmental law, climate science, corporate liability and climate governance will benefit from this book's valuable insights. It is also an essential resource for legal practitioners advising litigants in environmental and climate matters, as well as policymakers involved in climate law.
Contents
Contents
Foreword xii
1 The climate governance tightrope: novel strategies and the role of courts in climate change 1
Patricia Galvao Ferreira, Camille Cameron, and Riley Weyman
2 Mathur v Ontario: youth-led constitutional challenge to government climate policy lights the path to future recognition of climate rights in Canada 20
Erin Dobbelsteyn and Nathalie Chalifour
3 Lliuya v RWE - introducing polluter pays via transnational climate litigation? 50
Olaf Dilling and Romina Luz Schaller
4 Common law at the coal face: Smith v Fonterra and others 73
Vernon Rive
5 Centre for Oil Pollution Watch (COPW) v Nigeria National Petroleum Corporation (NNPC): locus standi and the emerging trends in climate litigation in Nigeria 105
Funmi Abioye
6 Human rights as procedural due process in climate mitigation policies: Verein KlimaSeniorinnen Schweiz v. Switzerland 127
Johannes Reich
7 A constitutional duty to deploy climate finance: PSB et al v Brazil (Climate Fund) 163
Gabriel Mantelli, Matheus Henrique Cano, Isabela Bicalho, and Marie-Louise Siemons
8 Held v Montana: climate science takes the stand 191
Jarryd Page and Helene Krasnoff
9 Misdzi Yikh v Canada: indigenizing rights-based climate litigation 219
Benjamin Ralston
10 Promoting climate litigation via industrial law and policy? Chinese climate litigation in context 248
Mingzhe Zhu
11 When corporate and financial law goes green: Australian Securities and Investments Commission v Mercer Superannuation (Australia) Limited 276
Rebekkah Markey-Towler
12 Threatened birds meet creative judges: India's climate litigation takes flight in MK Ranjitsinh and Others v Union of India and Others 301
Parul Kumar
