Description

Answering the key question of whether there is an obligation for States to define and enact sound climate policies in order to avoid the impacts of global warming, this timely book provides expert analysis on recent global climate cases, assessing not only the plaintiffs’ claims but also the legal reasoning put forward by the courts.

As an increasing number of environmental organisations are requiring domestic courts to answer this fundamental question, this book illustrates that more and more court decisions are confirming that the discretion held by States with regards to the issue of climate change is not unlimited. The book explores how States must also demonstrate that sufficient action is being taken to protect their citizens from risks. With in-depth assessments of common legal grounds, such as the international climate change regime, environmental law principles and human rights, it further highlights potential issues for climate litigation including the separation of powers and the standing of the plaintiffs themselves.

Addressing current and emerging issues, this timely book will be an excellent resource for scholars of environmental law, climate change and human rights. Environmental activists and organisations looking for examples of initiatives to tackle issues such as environmental protection and justice will find this informative and insightful.

Contents: Introduction: Unweaving the (legal) tapestry of domestic climate litigation PART I DOMESTIC CLIMATE LITIGATION:EVOLUTION,RECENT CASES AND COMMON CHALLENGE 1. Evolution of climate change case law 2. Three common challenges CONCLUSION TO PART I PART II THE LEGAL GROUNDS 3. The international legal framework on climate change 4. Principles of environmental law 5. Human rights 6. Concluding remarks Index