Litigating the Climate Emergency - How Human Rights, Courts, Legal Mobilization Can Bolster Climate

"As the climate crisis intensifies and becomes acutely visible, promising responses have been developed by scientists, advocates, and scholars around the world. Mobilizations such as #FridaysforFuture and Extinction Rebellion are converging with Indigenous peoples' movements and other social justice movements to convey the urgency and the scale needed for climate action. Reports by the Intergovernmental Panel on Climate Change, informed by developments in attribution science, establish more precise links between greenhouse gas emissions, extreme weather events, and human impacts. In the meantime, collaborations between scientists and journalists have drawn the broader public's attention to detailed information about the magnitude of planet-warming emissions associated with the activities of major fossil fuel companies"--

List of contents

Part I. Litigating the Climate Emergency: 1. The Global Rise of Right-Based Litigation for Climate Action, César Rodríguez-Garavito; 2. The Social and Political Life of Human Rights Climate Change Litigation: Mobilizing the Law to Address the Climate Crisis, Lisa Vanhal; Part II. Legal Strategy in Rights-Based Climate Litigation: 3. Thinking Strategically About Climate Litigation, Ben Batros and Tessa Khan; 4. The Quest for Butterfly Climate Adjudication, Catalina Vallejo and Siri Gloppe; 5. Climate Litigation Through an Equality Lens, James Goldston; 6. Two Reputed Allis: Reconciling Climate Justice and Litigation in the Global South, Juan Auz; 7. Staying within Atmospheric and Judicial Limits: Core Principles for Assessing Whether State Action on Climate Change Complies with Human Rights, Sophie Marjanac and Sam Hunter Jones; 8. Litmus Tests as Tools for Tribunals to Assess State Human Rights Obligations to Reduce Carbon Emissions, Ashfaz Khalfan; 9. The Farmer or the Hero? Modes of Climate Litigation in the Global South, Jolene Lin and Jacqueline Peel; 10. The Impacts of High Profile Litigation Against Major Fossil Fuel Companies, Joana Setzer; Part III. Beyond The Law; Science and Narratives in Rights-Based Climate Litigation: 11. Climate Science and Human Rights: Using Attribution Science to Frame Government Mitigation and Adaptation Obligations, Michael Burger, Jessica Wentz, and Daniel Metzger; 12. The Evolution of Corporate Accountability for Climate Change, Richard Heede; 13. Providing Evidence Gap to Support Strategic Climate Enforcement and Litigation, Reinhold Gallmetzer; 14. The Case for Climate Visuals in the Courtroom: The Case for Urgent and Creative Action, Kelly Matheson; 15. The Story of our Lives: Narrative Change Strategies in Climate Litigation, Laura Gyte, Violeta Barrera, and Lucy Singer; Part IV. The Climate Emergency on Trial: Human Rights and Climate Litigation around the World; 16. Courts, Climate Action, and Human Rights: Lessons from the Friends of the Irish Environmnet v. Ireland Case, Victoria Adelmant, Philip Alston, and Matthew Blainey; 17. Closing the Supply-Side Accountability Gap Through Climate Litigation, Michelle Jonker-Argueta; 18. Climate Litigation Before International Tribunals: The Six Portuguese Youth v. 33 Governments of Europe Case Before the European Court of Human Rights, Gerry Liston and Paul Clark; 19. Is There a Brazilian Approach to Climate Litigation? The Climate Crisis, Political Instability and Litigation Possibilities in Brazil, Julia Neiva and Gabriel Mantelli; 20. Climate Change Litigation in India: Its Potential and Challenges, Arpithat Kodiveri; 21. The Tide of Climate Litigation is Upon us in Africa, Pooven Moodley; 22. Pakistan: A Good Story That Can Go Awry If Shortcomings Remain Unacknowledged, Waqqas Mir.

About the author

César Rodríguez-Garavito is a Professor of Clinical Law,and the Chair of the Center for Human Rights and Global Justice at NYU School of Law. He is the Director of the Earth Rights Advocacy Clinic and the Climate Litigation Accelerator at NYU Law. He is the Editor-in-Chief of Open Global Rights and has published widely on international human rights, climate change, environmental justice, socioeconomic rights, and social movements. He has been an expert witness of the Inter-American Court of Human Rights; an Adjunct Judge of the Constitutional Court of Colombia; a member of the Science Panel for the Amazon; and a lead litigator in climate change, socioeconomic rights, and Indigenous rights cases.

Summary

This book examines climate change lawsuits that are based on human rights law. It provides a comprehensive analysis of the legal doctrines, effects, and strategies associated with this kind of litigation, equipping readers with a global and interdisciplinary understanding of this type of legal action.

Foreword

Addresses the global turn toward human rights-based litigation to push governments and corporations to ambitiously address the climate emergency.

Product details

• Authors: Cesar (New York University) Rodriguez-Garavito
• Assisted by: César Rodríguez-Garavito (Editor)
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Hardback
• Released: 03.11.2022
• EAN: 9781009098779
• ISBN: 978-1-0-0909877-9
• No. of pages: 304
• Series: Globalization and Human Rights
• Subjects: Social sciences, law, business > Law > International law, foreign law; POLITICAL SCIENCE / Human Rights, Human rights & civil liberties law, LAW / Civil Rights, Law: Human rights and civil liberties