The emergence and potential of climate change litigation: methodological and theoretical legal challenges
Nearly twenty years have passed since the timid appearance of the first-wave climate change cases. Within this period, legal literature and practitioners have progressively identified in climate litigation a useful tool to reinforce the global public-private efforts in the fight against climate chan...
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| Formato: | artículo |
| Fecha de publicación: | 2023 |
| País: | España |
| Recursos: | Universidad Autónoma de Madrid |
| Repositorio: | Biblos-e Archivo. Repositorio Institucional de la UAM |
| Idioma: | inglés |
| OAI Identifier: | oai:repositorio.uam.es:10486/715136 |
| Acesso em linha: | http://hdl.handle.net/10486/715136 |
| Access Level: | acceso abierto |
| Palavra-chave: | Climate change Climate litigation Climate governance Derecho |
| Resumo: | Nearly twenty years have passed since the timid appearance of the first-wave climate change cases. Within this period, legal literature and practitioners have progressively identified in climate litigation a useful tool to reinforce the global public-private efforts in the fight against climate change. There can be no doubt that climate litigation sparks fervent debate and promotes social debate by elevating public awareness on the topic. Climate litigation’s strategic character aims at making science and information more accessible to public opinion in democratic regimes. However, the lack of concrete empirical studies that could measure its overall effectiveness in promoting climate goals, the delimitation of the margin of control that judges hold when adjudicating political-scientific issues and the legal theoretical hurdles in rights-based litigation are a constant source of debate between scholars. Despite all the controversy, it is an undeniable fact that strategic climate litigation has been following a clear upward trend in the last seven years undergoing a dynamic process of transformation with an impact on diverse legal issues such as: the relation between politics, science and law, the principle of separation of powers, the causation rules, the rules on proof and access to justice in climate matters. This article intends to offer an overall view of all the above issues in an attempt to better define - from a comparative transnational perspective - the current state of the phenomenon by emphasizing the type of grounds that plaintiffs invoke in judicial processes to favor their claims |
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