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Climate in Court

Defining State Obligations on Global Warming Through Domestic Climate Litigation

«‘Within the now substantial literature on climate litigation, the study by Dr de Vilchez Moragues is one of the rare single-authored book-length examinations of the overall phenomenon. The legal tapestry proposed by the author reveals common threads and features in what, too often, is presented elsewhere in descriptive jurisdiction-by-jurisdiction accounts.’»

Jorge E. Viñuales, University of Cambridge, UK

Answering the key question of whether there is an obligation for States to define and enact sound climate policies in order to avoid the impacts of global warming, this timely book provides expert analysis on recent global climate cases, assessing not only the plaintiffs’ claims but also the legal reasoning put forward by the courts. Les mer

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Answering the key question of whether there is an obligation for States to define and enact sound climate policies in order to avoid the impacts of global warming, this timely book provides expert analysis on recent global climate cases, assessing not only the plaintiffs’ claims but also the legal reasoning put forward by the courts.

Detaljer

Forlag
Edward Elgar Publishing Ltd
Innbinding
Innbundet
Språk
Engelsk
ISBN
9781800886889
Utgivelsesår
2022
Format
23 x 16 cm

Om forfatteren

Pau de Vilchez Moragues, Lecturer in International Law, Deputy Director of the Interdisciplinary Lab on Climate Change (LINCC), University of the Balearic Islands, Spain and Chair of the Climate Change Committee of the Balearic Islands

Anmeldelser

«‘Within the now substantial literature on climate litigation, the study by Dr de Vilchez Moragues is one of the rare single-authored book-length examinations of the overall phenomenon. The legal tapestry proposed by the author reveals common threads and features in what, too often, is presented elsewhere in descriptive jurisdiction-by-jurisdiction accounts.’»

Jorge E. Viñuales, University of Cambridge, UK

«‘In this excellent book, the author analyses litigation against the State before the national courts for not taking adequate measures against climate change. Showing an outstanding balance between social commitment and academic rigour, it is argued that intertwined court decisions can help confirm the international obligation to reduce greenhouse gas emissions and promote compliance.’»

Antoni Pigrau, Rovira i Virgili University, Spain

«Climate in Court offers a detailed and insightful overview of twenty cases brought against states for their failure to take adequate measures to address climate change. Analysing them from multiple angles, the author masterfully synthesises their commonalities to draw important conclusions for the study and practice of climate litigation. The book offers enlightening insights into the role that environmental principles play in domestic courts and brilliantly addresses the topical question of the relationship between human rights and climate change. Thanks to its combination of theoretical and practical insights, it will be of great interest to environmental legal scholars as well climate activists.’»

Leslie-Anne Duvic-Paoli, Kings College London, UK

«‘Climate change litigation is a growing field not only in practice, but also in scholarship. This book is a welcome contribution to this growing field. It carefully considers climate change litigation through the lens of international climate change law, principles of environmental law and human rights. It provides the reader with an extensive analysis of relevant case law from an extensive number of jurisdictions. The book is highly recommended for those already working in climate change litigation, but also for professionals, researchers and students who wish to learn more about how the law, and the judiciary in particular, can contribute positively to dealing with the climate change challenge before us.’»

Francesco Sindico, University of Strathclyde, UK

«Climate in Court is a compelling read on the judicialization of climate, one of the most fascinating recent developments in the difficult process of global action on climate change. Pau de Vilchez Moragues does an excellent job illuminating claims brought by citizens and NGOs against States for their failure to adequately address climate change.’»

Joana Setzer, London School of Economics and Political Science, UK

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