Download Climate Change Litigation: Regulatory Pathways to Cleaner by Jacqueline Peel PDF

By Jacqueline Peel

This exam of the function of litigation in addressing the matter of weather switch focuses not just on how the big and transforming into variety of court cases affects law at once, but additionally on how the complaints form company behaviour and public opinion. It presents readers with an knowing of the way those proceedings have formed ways to mitigation and variation, and feature been used to attempt to strength and to dam legislation. there's a specific emphasis on proceedings within the usa and Australia, the 2 jurisdictions that have had the main weather switch litigation on the earth, and the teachings offer broader insights into the position of courts in addressing weather swap.

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By requiring corporate disclosure of climate change– related risks to assets and investments) and to defend (or attack) protestors or scientists who advocate action to address climate change. 2 Climate change litigation in Australia The United States has not been alone in experiencing a surge in climate change litigation since the mid 2000s. Besides the United States, the other country that stands out as having experienced a significant amount of climate change litigation is Australia. 67 Like in the United States, climate change litigation in Australia first surfaced in the 1990s.

Courts as the third branch of government) to achieve regulatory change. 13 Both promotive and antiregulatory climate change lawsuits involve many diverse actors, including subnational governments, not-for-profit environmental groups, corporations, business organizations, community groups, and individuals. Climate change cases thus can function as a forum for diverse actors to engage in a dialogue about the appropriateness of particular regulation. As discussed in Chapter 6, the disagreements often have scalar dimensions, with antiregulatory parties arguing that 10 11 12 13 For discussion of the range of social mobilization mechanisms used to address climate issues, see Mark Diesendorf, Climate Action: A Campaign Manual for Greenhouse Solutions (2009, UNSW Press, Sydney).

1155; William W. BurkeWhite, “International Legal Pluralism” (2004) 25 Mich. J. Intl. L. 963; Janet Koven Levit, “A Bottom-Up Approach to International Lawmaking: The Tale of Three Trade Finance Instruments” (2005) 30 Yale J. Intl L. 125; Ralf Michaels, “The Re-State-Ment of Non-State Law: The State, Choice of Law, and the Challenge from Global Legal Pluralism” (2005) 51 Wayne L. Rev. 1209. Hari Osofsky has explored a legal pluralist view of climate change litigation in Hari M. ” (2007) 26A Stanford Environ.

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