Climate Change Litigation Cases in Context

Nyhet

Inbunden, Engelska, 2026

AvCamille Cameron,Patricia Galvão Ferreira,Riley Weyman

2 559 kr

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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.

Produktinformation

Utgivningsdatum2026-04-17
Mått156 x 234 x undefined mm
FormatInbunden
SpråkEngelska
SerieElgar Cases in Context
FörlagEdward Elgar Publishing Ltd
ISBN9781035343171

Tillhör följande kategorier

Folkrätt inom Juridik
Rättsordning inom Juridik
Rättspraxis, rättsfall, prejudikat inom Juridik

ContentsForeword xii1 The climate governance tightrope: novel strategies and the role of courts in climate change 1Patricia Galvao Ferreira, Camille Cameron, and Riley Weyman2 Mathur v Ontario: youth-led constitutional challenge to government climate policy lights the path to future recognition of climate rights in Canada 20Erin Dobbelsteyn and Nathalie Chalifour3 Lliuya v RWE – introducing polluter pays via transnational climate litigation? 50Olaf Dilling and Romina Luz Schaller4 Common law at the coal face: Smith v Fonterra and others 73Vernon Rive5 Centre for Oil Pollution Watch (COPW) v Nigeria National Petroleum Corporation (NNPC): locus standi and the emerging trends in climate litigation in Nigeria 105Funmi Abioye6 Human rights as procedural due process in climate mitigation policies: Verein KlimaSeniorinnen Schweiz v. Switzerland 127Johannes Reich7 A constitutional duty to deploy climate finance: PSB et al v Brazil (Climate Fund) 163Gabriel Mantelli, Matheus Henrique Cano, Isabela Bicalho, and Marie-Louise Siemons8 Held v Montana: climate science takes the stand 191Jarryd 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

‘This volume offers an incisive and richly textured account of how courts across the world are shaping the frontiers of climate governance. Spanning all continents and bringing together a remarkable diversity of jurisdictions, perspectives, and voices, it demonstrates how climate litigation has become a rapidly evolving field in which novel arguments, procedural innovations, and shifting scientific and normative baselines are redefining what is possible. Through rigorous case analyses, the contributors illuminate the transformative potential — and the practical limits — of litigation to clarify obligations, expand constitutional and human rights protections, demand accountability from states and corporations, and secure meaningful remedies. This book is an essential resource for scholars, practitioners, and policymakers seeking to understand how landmark decisions from the Global South and Global North together are reshaping the legal landscape in the era of climate crisis.’