Research Handbook on Climate Change Litigation

Edited by Francesco Sindico, Professor of International Environmental Law, University of Strathclyde, Glasgow, Scotland, Kate McKenzie, CEO, The Climate Change Legal Initiative (C²LI), Edinburgh, Scotland, UK, Gastón Medici-Colombo, Postdoctoral Fellow, University of Barcelona, Spain and Lennart Wegener, PhD Researcher, University of Göttingen, Germany

• ContentsForeword xiiChristina Voigt1 Climate change litigation: one definition to rule them all…? 1Kate McKenzie, Gastón Medici-Colombo, Lennart Wegener and Francesco SindicoPART I CLIMATE CHANGE LITIGATION JOURNEY IN NATIONAL LAW2 The crucial role of strategic climate litigation 18Amy Rose, Denitsa Mladenova and Vesselina Newman3 Breaking the mould in the strategic design and implementation ofclimate litigation 37Kristin Casper, Louise Fournier, Richard Harvey, Michelle Jonker-Argueta,Kasey Valente and Amrekha Sharma4 Climate litigation: access to judicial review in national courts 57Bolanle Erinosho5 Systemic climate change litigation 77Sarah Mead, Filippo P. Fantozzi and Lucy Maxwell6 Actions and grounds of project-focused climate change litigation 99Brian J. Preston7 Breaking new ground in private climate litigation 123Geetanjali Ganguly8 Climate activism and criminal litigation: whose case is it anyway? 145Grace Nosek and Catherine Higham9 Climate science and litigation 164Jessica Wentz10 Climate change litigation and the separation of powers: effective legalprotection as the ultimate yardstick? 184Hendrik Schoukens11 The transnational exchange of law through climate change litigation 207Natasha Affolder and Godwin E. K. Dzah12 Remedies and remedial dynamics in climate change litigation:opportunities and challenges 229Marta Torre-Schaub13 The effectiveness of climate change litigation 245Joana Setzer, Nicola Silbert and Lisa VanhalaPART II CLIMATE CHANGE LITIGATION JOURNEY ININTERNATIONAL LAW14 Climate change and the International Court of Justice 264Edgardo Sobenes and Francesco Sindico15 Potential climate change litigation in the law of the sea 284Meinhard Doelle, Zhen Sun and Clive Schofield16 Climate litigation, international human rights and the right to a healthyenvironment: connecting the dots 304Sumudu Atapattu17 Climate litigation and international trade law 328Henok Asmelash18 Climate change and investor-State disputes: protecting stranded assetsor promoting green investments? 344Alessandro Monti19 The European Union and climate change litigation: promising much butdelivering little? 364Mar Campins Eritja20 Climate change litigation before the World Heritage Committee: subjectto negotiation? 384Ellen Hawkins and Anna Huggins21 The United Nations Security Council as a climate litigation body 403Shirley V. Scott and Charlotte Ku22 Climate change and international criminal law 422Julio Prieto MéndezIndex 442

‘There are now countless academic publications on climate litigation. This one is written at least partly from the angle of those scholars and practitioners actually taking those cases to court. A very valuable contribution. As climate litigation moves on and becomes more diverse and complicated, it is necessary to structure the past. This book does just that and also offers new ideas and perspectives. As a practising lawyer, I need to build on past cases, wins and losses. Many of my cases are discussed in this book, be it the RWE, Carvalho or Neubauer cases, and the way in which this is done helps me understand parallels and discover new angles. I encourage colleagues and students eager to build their own cases to read this volume and set their brains to work.’