Climate Change before International Courts

A Comparative Study
1. Auflage 2025
ISBN: 978-1-032-86789-2
Verlag: Taylor & Francis Ltd

Buch, Englisch, 220 Seiten, Format (B × H): 156 mm x 234 mm

Reihe: Routledge Research in International Environmental Law

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.

Zielgruppe

Postgraduate

Autoren/Hrsg.

Rocha, Armando

Gomes, Carla

Oliveira, Heloísa

Oliveira, Heloisa

Fermeglia, Matteo

Fachgebiete

• Rechtswissenschaften Allgemeines Verfahrens-, Zivilprozess- und Insolvenzrecht Allgemeines Prozessrecht, Kostenrecht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht
• Rechtswissenschaften Öffentliches Recht Umweltrecht Umweltrecht allg., Technikrecht, Immissionsschutzrecht

Inhaltsverzeichnis

Introductory note A. LEGAL GROUNDS IN INTERNATIONAL CLIMATE LITIGATION 1. The United Nations System – Legal Grounds in Climate Litigation 2. The Inter-American Human Rights System’s Contribution to Climate Litigation 3. In Search for the Content of States’ Positive Obligations under the European Convention on Human Rights: KlimaSeniorinnen and Climate Change 4. The Protection of the Climate System in the African System of Human Rights – Possible Legal Grounds 5.  Climate litigation before the Court of Justice of the European Union – A Quantitative and Qualitative Analysis of Features and Legal Grounds B. PROCEDURAL ISSUES IN INTERNATIONAL CLIMATE LITIGATION 6. Climate Litigation within the United Nations System – Unity, Pluralism, and a Common Goal 7. Climate Litigation in the Inter-American Human Rights System: Addressing Legal Standing 8. Climate Litigation before the European Court of Human Rights: A Catalyst for Reevaluating Prerequisites for Legal Standing 9. Climate Litigation in The African Human Rights System: Possibilities, Limits and Constraints 10. Environmental Litigation and the CJEU: Overcoming Barriers to Standing? 11. Climate change before international courts: Conclusive remarks on a comparative study

Über Autor(innen)

Carla Amado Gomes is Associate Professor at University of Lisbon School of Law, Portugal. She is also Guest Professor at the Faculty of Law of the Catholic University, Porto. She teaches in the area of Environmental Law, Administrative Law, and Energy Law.

Heloísa Oliveira is Assistant Professor at the University of Lisbon School of Law, Portugal. She is also a Research Fellow at Lisbon Public Law Research Center, where she is PI for the Climate Litigation Observatory and Legal Roadmap for Sustainability project. Outside of academia, she is the Coordinator Consultant for Environmental Law at the Legal Service of the Portuguese Government.

Armando Rocha is currently Assistant Professor at Lisbon School of Law of Universidade Católica Portuguesa. He is member of the Católica Research Centre for the Future of Law, where he has been responsible for conducting and reviewing legal research in the law of the sea and international climate change law. He is also a guest professor at the Catholic University of Lille (France) and the University of St. Joseph (Macao, China).

Matteo Fermeglia is Assistant Professor of Climate Law and Governance at Amsterdam University, Faculty of Humanities. His main research interest lies in the interplay between international investment law and the climate change legal regime. In 2017, he was a visiting scholar at Columbia Law School, where he collaborated with the Sabin Center for Climate Change Law and the Columbia Centre for Sustainable Investments.