Litigating the Climate Emergency: How Human Rights, Courts, and Legal Mobilization Can Bolster Climate Action

doi:10.1017/9781009106214

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.

‘… a successful anthology that complements the existing literature on climate litigation research, particularly due to its chapters on legal sociology, the numerous perspectives from and for practitioners, and the explicit inclusion of and reflection on climate litigation in the Global South. … these previously unknown and innovative perspectives on the phenomenon of climate litigation are a great asset for a hopefully broad readership from academia, practice, and society.’

Michael Kalis Source: Heidelberg Journal of International Law

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Contents

Litigating the Climate Emergency
pp i-i
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Globalization and Human Rights - Series page
pp ii-ii
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Litigating the Climate Emergency - Title page
pp iii-iii
How Human Rights, Courts, and Legal Mobilization Can Bolster Climate Action
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Copyright page
pp iv-iv
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Contents
pp v-viii
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Figures
pp ix-x
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Tables
pp xi-xii
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Contributors
pp xiii-xxii
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Introduction
pp 1-6
- By César Rodríguez-Garavito
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Part I - The Rights Turn in Climate Litigation
pp 7-94
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1 - Litigating the Climate Emergency
pp 9-83
The Global Rise of Human Rights–Based Litigation for Climate Action
- By César Rodríguez-Garavito
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2 - The Social and Political Life of Climate Change Litigation
pp 84-94
Mobilizing the Law to Address the Climate Crisis
- By Lisa Vanhala
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Part II - Legal Strategy in Rights-Based Climate Litigation
pp 95-220
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3 - Thinking Strategically about Climate Litigation
pp 97-116
- By Ben Batros, Tessa Khan
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4 - The Quest for Butterfly Climate Adjudication
pp 117-131
- By Catalina Vallejo Piedrahíta, Siri Gloppen
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5 - Climate Litigation through an Equality Lens
pp 132-144
- By James A. Goldston
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6 - Two Reputed Allies
pp 145-156
Reconciling Climate Justice and Litigation in the Global South
- By Juan Auz
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7 - Staying within Atmospheric and Judicial Limits
pp 157-176
Core Principles for Assessing Whether State Action on Climate Change Complies with Human Rights
- By Sophie Marjanac, Sam Hunter Jones
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8 - Litmus Tests as Tools for Tribunals to Assess State Human Rights Obligations to Reduce Greenhouse Gas Emissions
pp 177-186
- By Ashfaq Khalfan
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9 - The Farmer or the Hero Litigator?
pp 187-205
Modes of Climate Litigation in the Global South
- By Jolene Lin, Jacqueline Peel
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10 - The Impacts of High-Profile Litigation against Major Fossil Fuel Companies
pp 206-220
- By Joana Setzer
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Part III - Beyond the Law
pp 221-302
Science and Narratives in Rights-Based Climate Litigation
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11 - Climate Science and Human Rights
pp 223-238
Using Attribution Science to Frame Government Mitigation and Adaptation Obligations
- By Michael Burger, Jessica Wentz, Daniel J. Metzger
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12 - The Evolution of Corporate Accountability for Climate Change
pp 239-254
- By Richard Heede
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13 - Providing Evidence to Support Strategic Climate Enforcement and Litigation
pp 255-266
- By Reinhold Gallmetzer
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14 - The Case for Climate Visuals in the Courtroom
pp 267-288
- By Kelly Matheson
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15 - The Story of Our Lives
pp 289-302
Narrative Change Strategies in Climate Litigation
- By Laura Gyte, Violeta Barrera, Lucy Singer
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Part IV - The Climate Emergency on Trial
pp 303-395
Human Rights and Climate Litigation around the World
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16 - Courts, Climate Action, and Human Rights
pp 305-318
Lessons from the Friends of the Irish Environment v. Ireland Case
- By Victoria Adelmant, Philip Alston, Matthew Blainey
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17 - Closing the Supply-Side Accountability Gap through Climate Litigation
pp 319-334
- By Michelle Jonker-Argueta
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Litigating the Climate Emergency

How Human Rights, Courts, and Legal Mobilization Can Bolster Climate Action

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