Research Handbook on Climate Change Litigation by Francesco Sindico Hardcover Bo

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This Research Handbook provides a comprehensive depiction of the various stages, opportunities and challenges of climate change litigation at national and international levels from an innovative practice-oriented perspective.Bringing together expert authors from a range of legal backgrounds, the Research Handbook features contributions not only from experienced academics researching in the field, but also from strategic planning specialists and legal coordinators for organizations involved in climate-related litigation. It follows the entire journey of climate-related disputes, from an examination of the approaches and decisions made before initiating legal proceedings, through the various procedural and legal hurdles and challenges during proceedings, to an exploration of the post-litigation challenges that may arise. The climate litigation process is also analyzed in the context of different international forums, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), and the World Heritage Convention, among others.The Research Handbook on Climate Change Litigation is a vital resource for scholars and students in arbitration and dispute resolution, climate change law and environmental law. Practitioners such as judges, lawyers, legal advisers for NGOs and public servants in administration will also find this book beneficial.

FORMATHardcover CONDITIONBrand New Author Biography

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

Table of Contents

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

Review

'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.' -- Roda Verheyen, Rechtsanwälte Günther, Germany'Framed with strategic perspectives on the role of courts and the law in facing our climate crisis, and laced with tactical nuance, analytic depth, and an abundance of resources and references for the public interest lawyer and legal researcher, this Research Handbook offers a timely and significant contribution to the growing body of literature on global climate litigation.' -- Michael Burger, Columbia Law School, US

Details ISBN1800889771 Author Lennart Wegener Year 2024 ISBN-13 9781800889774 Format Hardcover Country of Publication United Kingdom Edited by Lennart Wegener Publisher Edward Elgar Publishing Ltd Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Series Research Handbooks in Climate Law series Audience Professional & Vocational Publication Date 2024-06-11 UK Release Date 2024-06-11 Pages 470 We've got this

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