As the climate emergency intensifies, rights-based climate cases – litigation that is based on human rights law – are becoming an increasingly important tool for securing more ambitious climate action. This book is the first to offer a systematic analysis of the universe of these cases known as human rights and climate change (HRCC) cases. By combining theory, empirical documentation, and strategic debate among preeminent scholars and practitioners from around the world, the book captures the roots, legal innovations, empirical richness, impact, and challenges of this dynamic field of sociolegal practice. It looks specifically at the sociolegal origins and trajectory of HRCC cases, the legal innovations of this type of litigation, and the strategies and impacts of these cases. In doing so, this book equips litigators, researchers, practitioners, students, and concerned citizens with an understanding of an important method of holding governments and corporations accountable for climate harms. This book is also available as Open Access on Cambridge Core.
Edited by:
César Rodríguez-Garavito (New York University)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions:
Height: 228mm,
Width: 152mm,
Spine: 23mm
Weight: 630g
ISBN: 9781009102155
ISBN 10: 100910215X
Series: Globalization and Human Rights
Pages: 430
Publication Date: 26 October 2023
Audience:
General/trade
,
ELT Advanced
Format: Paperback
Publisher's Status: Active
Part I. Litigating the Climate Emergency: 1. The Global Rise of Right-Based Litigation for Climate Action, César Rodríguez-Garavito; 2. The Social and Political Life of Human Rights Climate Change Litigation: Mobilizing the Law to Address the Climate Crisis, Lisa Vanhal; Part II. Legal Strategy in Rights-Based Climate Litigation: 3. Thinking Strategically About Climate Litigation, Ben Batros and Tessa Khan; 4. The Quest for Butterfly Climate Adjudication, Catalina Vallejo and Siri Gloppe; 5. Climate Litigation Through an Equality Lens, James Goldston; 6. Two Reputed Allis: Reconciling Climate Justice and Litigation in the Global South, Juan Auz; 7. Staying within Atmospheric and Judicial Limits: Core Principles for Assessing Whether State Action on Climate Change Complies with Human Rights, Sophie Marjanac and Sam Hunter Jones; 8. Litmus Tests as Tools for Tribunals to Assess State Human Rights Obligations to Reduce Carbon Emissions, Ashfaz Khalfan; 9. The Farmer or the Hero? Modes of Climate Litigation in the Global South, Jolene Lin and Jacqueline Peel; 10. The Impacts of High Profile Litigation Against Major Fossil Fuel Companies, Joana Setzer; Part III. Beyond The Law; Science and Narratives in Rights-Based Climate Litigation: 11. Climate Science and Human Rights: Using Attribution Science to Frame Government Mitigation and Adaptation Obligations, Michael Burger, Jessica Wentz, and Daniel Metzger; 12. The Evolution of Corporate Accountability for Climate Change, Richard Heede; 13. Providing Evidence Gap to Support Strategic Climate Enforcement and Litigation, Reinhold Gallmetzer; 14. The Case for Climate Visuals in the Courtroom: The Case for Urgent and Creative Action, Kelly Matheson; 15. The Story of our Lives: Narrative Change Strategies in Climate Litigation, Laura Gyte, Violeta Barrera, and Lucy Singer; Part IV. The Climate Emergency on Trial: Human Rights and Climate Litigation around the World; 16. Courts, Climate Action, and Human Rights: Lessons from the Friends of the Irish Environmnet v. Ireland Case, Victoria Adelmant, Philip Alston, and Matthew Blainey; 17. Closing the Supply-Side Accountability Gap Through Climate Litigation, Michelle Jonker-Argueta; 18. Climate Litigation Before International Tribunals: The Six Portuguese Youth v. 33 Governments of Europe Case Before the European Court of Human Rights, Gerry Liston and Paul Clark; 19. Is There a Brazilian Approach to Climate Litigation? The Climate Crisis, Political Instability and Litigation Possibilities in Brazil, Julia Neiva and Gabriel Mantelli; 20. Climate Change Litigation in India: Its Potential and Challenges, Arpithat Kodiveri; 21. The Tide of Climate Litigation is Upon us in Africa, Pooven Moodley; 22. Pakistan: A Good Story That Can Go Awry If Shortcomings Remain Unacknowledged, Waqqas Mir.
César Rodríguez-Garavito is a Professor of Clinical Law,and the Chair of the Center for Human Rights and Global Justice at NYU School of Law. He is the Director of the Earth Rights Advocacy Clinic and the Climate Litigation Accelerator at NYU Law. He is the Editor-in-Chief of Open Global Rights and has published widely on international human rights, climate change, environmental justice, socioeconomic rights, and social movements. He has been an expert witness of the Inter-American Court of Human Rights; an Adjunct Judge of the Constitutional Court of Colombia; a member of the Science Panel for the Amazon; and a lead litigator in climate change, socioeconomic rights, and Indigenous rights cases.
