With over 2,500 climate-related cases filed worldwide, climate litigation is rapidly evolving but lacks a comprehensive resource for guiding judicial approaches. The Cambridge Handbook on Climate Litigation fills this void, offering an authoritative guide to climate litigation's complex landscape. Judges, lawyers and scholars will find insights into how courts globally have addressed recurring issues, from causation to human rights impacts. Building on the rich transnational judicial dialogue already occurring within climate litigation, the Handbook distills emerging best practices with an eye towards the progressive development of the field. Its unique focus on replicable strategies in case law makes it a strategic resource for shaping the future of climate litigation. This title is also available as open access on Cambridge Core.
This handbook offers judges, lawyers, and stakeholders an in-depth analysis of critical themes in climate litigation worldwide. By exploring challenges and emerging best practices across jurisdictions, it provides essential guidance for navigating complex legal issues in this evolving field, supporting informed responses in diverse legal contexts.
Daugiau informacijos
This book examines critical themes in climate change litigation, identifies emerging best practices, and assesses the potential for replicable solutions worldwide.
1. Introduction Margaretha Wewerinke-Singh and Sarah Mead;
2. A
Scientific Overview of Climate Change Sarah Connors, Elvira Poloczanska,
Shreya Some, Minal Pathak and Joeri Rogelj;
3. Attribution Science: Insights
into Climate Change and Its Consequences Carly A. Phillips, L. Delta Merner
and Friederike Otto; Part I. Preliminary Issues:
4. Standing Randall S.
Abate;
5. Admissibility Juan Auz;
6. Separation of Powers Christina Eckes,
Jasmina Nedevska and Joana Setzer; Part II. Merits:
7. Human Rights
Margaretha Wewerinke-Singh and Lucy Maxwell;
8. Extraterritoriality Mark
Gibney;
9. Duty of Care Christina Voigt and Joe Udell;
10. International
Atmospheric Trust Rachel M. Pemberton and Michael C. Blumm;
11. Rights of
Nature Susana Borrąs-Pentinat; Part III. Regime Interaction and
Interpretation:
12. International Law Sarah Mead and Meinhard Doelle;
13.
Common but Differentiated Responsibilities and Respective Capabilities
Patricia Galvao Ferreira;
14. Intergenerational Equity; Sam Bookman and
Margaretha Wewerinke-Singh; Part IV. Liability and Evidence:
15. State
Responsibility Annalisa Savaresi;
16. Causation Lisa Benjamin and Sara Seck;
17. Climate Causality: From Causation to Attribution Petra Minnerop;
18.
Remedies Juan Auz and Marcela Zśńiga;
19. Recent Landmark Decisions:
Advancing Climate Litigation and State Obligations Margaretha Wewerinke-Singh
and Joe Udell;
20. Conclusion: The Future of Climate Litigation Margaretha
Wewerinke-Singh and Sarah Mead.
Margaretha Wewerinke-Singh is Associate Professor of Law at the University of Amsterdam and Adjunct Professor of Law at the University of Fiji. Her publications, including her book State Responsibility, Climate Change and Human Rights under International Law (2019), have contributed significantly to the field of climate change law. She practices from Blue Ocean Law, a boutique international law firm based in Guam. Sarah Mead is a New Zealand-trained lawyer who specialises in international environmental law and human rights law with a focus on States' obligations in light of the climate crisis. Sarah has published widely on the topic of international climate change law, and is co-editor of the collection The Environment through the Lens of International Courts and Tribunals (2022). She currently serves as the Co-Director of Climate Litigation Network.
