Climate Change Litigation

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.

This book examines how litigation over climate change shapes the choices of governments, corporations and the public regarding mitigation and adaptation.

This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.

Comprehensively examines the role that litigation can play in galvanizing climate action in the Asia Pacific Region.

This book examines lawsuits over climate change that have been brought around the world. It can serve as a resource for those interested in the problem of climate change and in the role that courts are playing in climate regulation. The chapters analyze examples of cases in state, national, and international tribunals, as well as this litigation's broader significance.

The issue of tortious liability for harm caused by climate change has risen to some prominence in recent legal literature. However, except for a few U.S. cases, litigation in this area remains dormant in most jurisdictions. Now, in anticipation of the likelihood - and desirability - of such litigation, this ground-breaking study examines the extent to which a claim brought by a private, public, or quasi-public claimant against a private defendant (such as a producer of fossil fuels or major emitter of greenhouse gases) alleging climate change-related damage, and based on one or more causes of action under the English law of torts, can be pursued in the English Courts.

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.