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Climate Change before International Courts: A Comparative Study (eBook)

Edited by: Carla Gomes, Heloísa Oliveira, Armando Rocha, Matteo Fermeglia

ISBN13: 9781040424001
Published: September 2025
Publisher: Routledge
Country of Publication: UK
Format: eBook (ePub)
Price: £42.99
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This book provides a comprehensive analysis of environmental law and climate change litigation within international courts, both substantively and procedurally. Climate change litigation is an area of continuous growth and complexity, particularly within international courts and bodies. This book uses a comparative approach, analysing case law from international sources. It focuses on three key areas, namely trends and features, legal grounds for litigation, and legal standing before courts. A concluding comparative chapter highlights the specific shortcomings and potential of each system in dealing with climate change problems, taking stock of fragmentation and unity in international law. The book presents instances in which international courts are applying procedural and substantive law to this disruptive, transnational, and intergenerational legal problem. It addresses gaps in the legal framework and identifies systems which are not fit for purpose.

With international contributions from authors of diverse backgrounds, this book will be of interest to researchers in the field of climate change and environmental law, EU and international law and international court litigation.

Subjects:
Environmental Law, Public International Law, eBooks
Contents:
List of Tables
List of Contributors
Acknowledgements
Climate change before international courts: Introductory note
Carla Amado Gomes, Heloísa Oliveira, Armando Rocha and Matteo Fermeglia

A. LEGAL GROUNDS IN INTERNATIONAL CLIMATE LITIGATION
1. The United Nations System – Legal Grounds in Climate Litigation
Margaretha Wewerinke-Singh, Manasa Venkatachalam and Armando Rocha
2. The Inter-American Human Rights System’s Contribution to Climate Litigation
Maria Antónia Tigre and Thalia Viveros-Uehara
3. In Search for the Content of States’ Positive Obligations under the European Convention on Human Rights: KlimaSeniorinnen and Climate Change
Vladislava Stoyanova
4. The Protection of the Climate System in the African System of Human Rights – Possible Legal Grounds
Welena da Silva and Armando Rocha
5. Climate litigation before the Court of Justice of the European Union – A Quantitative and Qualitative Analysis of Features and Legal Grounds
Heloísa Oliveira, Ana Ruiz and Pedro Sampaio Minassa

B. PROCEDURAL ISSUES IN INTERNATIONAL CLIMATE LITIGATION
6. Climate Litigation within the United Nations System – Unity, Pluralism, and a Common Goal
José Alberto Azeredo Lopes and Maria Isabel Tavares
7. Climate Litigation in the Inter-American Human Rights System: Addressing Legal Standing
Délton Winter de Carvalho and Carolina Merida
8. Climate Litigation before the European Court of Human Rights: A Catalyst for Reevaluating Prerequisites for Legal Standing
Małgorzata Kwiędacz-Palosz
9. Climate Litigation in The African Human Rights System: Possibilities, Limits and Constraints
Welena da Silva
10. Environmental Litigation and the CJEU: Overcoming Barriers to Standing?
Niels Hoek and Arianna Crosera
11. Climate change before international courts: Conclusive remarks on a comparative study
Carla Amado Gomes, Heloísa Oliveira, Armando Rocha and Matteo Fermeglia

Index