Climate Litigation in a Changing World
Description
This book's central focus is on climate litigation, highlighting the main challenges and achievements, analyzing the points of convergence between the main climate cases around the world, and presenting important discussions in the area of climate litigation and its main terms and definitions.
In the first part, it provides a general overview of the role of national and international courts in the evolution of climate litigation around the world, while also addressing important concepts such as climate justice, procedural rights, gender perspective and intersectionality, and climate disinformation.
In the second part, the book reviews a number of pivotal cases in the world of climate litigation, and, to this end, presents contributions from all regions of the globe. It offers insights into cases and advisory opinions from various international human rights courts, as well as cases pursued in the UN system. Furthermore, it touches on discussions concerning e.g. ecocide, natural resources, and environmental goods.
The third and final part presents two important contributions to the legacy of climate litigation around the world: El-Hinnawi's work for environmental and climate defense in the context of climate activism; and the role of special rapporteurs for the environment and climate change, including an unprecedented report from the Special Rapporteur of the Inter-American Commission on Human Rights for Economic, Social, Cultural and Environmental Rights, detailing his own experiences in climate litigation.
This work offers a valuable resource on climate litigation around the world for researchers, policymakers, students, teachers, and the general public alike.
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Persons
Valéria Emília de Aquino is an international consultant and PhD in Human Rights. She is a Senior Researcher at Global Crossings (Jean Monnet Chair at Federal University of Uberlândia) and Direito Internacional sem Fronteiras.
Claudia Loureiro is the coordinator of the Jean Monnet Chair at the Federal University of Uberlândia. She is a permanent Law professor at the Federal University of Uberlândia at the Federal University of ABC.
Vinicius Villani Abrantes is Founder and General Director of the research center 'Direito Internacional sem Fronteiras'. He is a PhD candidate at Federal University of Minas Gerais, in the field of migration and International Law.
Content
Introduction.- Part I - General aspects of climate litigation.- The role of international and national courts in climate disputes.- Litigation for Climate Justice: The Case of Procedural Rights under the Aarhus Convention.- Climate disinformation and climate-washing: litigation in defense of human rights and transparency.- Part II - Climate jurisprudence across the globe.- Recent trends in climate justice before the European and Inter-American human rights systems.- Climate Litigation in Oceania: the Case of Insular Countries.- Diving into the synergies between the climate and ocean emergencies: An analysis of the International Tribunal for the Law of the Sea Advisory Opinion on Climate Change.- The Legal Treatment of Ecocide in Brazil.- The ecological footprint: a tool for decision making in the legal field.- Transboundary environmental and climate responsibility: the Guarani aquifer..- Climate change and air pollution in Africa: legal precedents and their impact on environmental justice.- The role of courts and the legal profession in climate litigation: a tripartite analysis of access to the Kenyan, East African, and African court systems.- Challenges in climate litigation in India: analyzing the legal framework and its effects on climate action.- Part III - Third sector's contributions.- El-Hinnawi's legacy and his contribution to climate litigation.- Climate emergency and human rights: perspectives of the consultative process of the Inter-American Court.- Final Reflections.