This is the first scholarly examination of climate change litigation in the Asia Pacific region. Bringing legal academics and lawyers from the Global South and Global North together, this book provides rich insights into how litigation can galvanize climate action in countries including Pakistan, Indonesia, Malaysia and China. Written in clear and accessible language, the fourteen chapters in this book shed light on the important question of how litigation may unfold as a potential regulatory pathway towards decarbonization in the world's most populous region.
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Jolene Lin is Associate Professor at the Faculty of Law, National University of Singapore and Director of the Asia Pacific Centre for Environmental Law. She has published in leading journals including the American Journal of International Law and the European Yearbook of International Law, and is author of Governing Climate Change: Global Cities and Transnational Lawmaking (2018). She is on the editorial boards of Journal of Environmental Law, Climate Law and the Chinese Journal of Environmental Law. Douglas A. Kysar is Deputy Dean and Joseph M. Field '55 Professor of Law at Yale Law School. He publishes in the areas of torts, environmental law, climate change, animal law, products liability, and risk regulation. In addition to his articles and chapters, he is the author of Regulating from Nowhere: Environmental Law and the Search for Objectivity (2010). He has taught climate change law as a visiting professor at the National University of Singapore and the University of Hong Kong.
Introduction Daniel Hornung, Douglas A. Kysar and Jolene Lin; Part I. Theoretical Underpinnings and Implications of Climate Change Litigation: 1. Uncommon law: judging in the Anthropocene Joshua Ulan Galperin and Douglas A. Kysar; 2. Networked public interest litigation: a novel framework for climate claims? Ketan Jha; Part II. International Law and International Adjudication: 3. Using human rights law to address the impacts of climate change: early reflections on the carbon majors inquiry Annalisa Savaresi and Jacques Hartmann; 4. Litigating human rights violations related to the adverse effects of climate change in Pacific islands Margaretha Wewerinke-Singh; 5. The potential for UNCLOS climate change litigation to achieve effective mitigation outcomes Millicent McCreath; 6. Investor-state dispute settlement in renewable energy: friend or foe to climate change? Hui Pang; Part III. Domestic Law and Domestic Adjudication: 7. 'Next generation' climate change litigation in Australia Jacqueline Peel, Hari M. Osofsky and Anita Foerster; 8. Climate change litigation: a possibility for Malaysia? Maizatun Mustafa; 9. A tale of climate justice: the Indonesian case - hope or not? Andri G. Wibisana and Conrado M. Cornelius; 10. From Shehla Zia to Asghar Leghari: pronouncing unwritten rights is more complex than a celebratory tale Waqqas Ahmad Mir; 11. Climate change adaptation litigation: a view from Southeast Asia Jacqueline Peel and Jolene Lin; Part IV. China, Courts and Climate Change: 12. Climate change litigation: a promising way to climate justice in China? Jiangfeng Li; 13. The subordinate and passive position of Chinese courts in environmental governance Zhu Yan; 14. Tort-based public interest litigation on air pollution in China: a promising pathway for Chinese climate change litigation? Yue Zhao, Wei Liu and Shuang Lyu; Index.
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