1st Edition

Climate Change before International Courts A Comparative Study

294 Pages 2 B/W Illustrations
by Routledge

294 Pages 2 B/W Illustrations
by Routledge

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... Read more

List of Tables

Contributors

Acknowledgements

Introductory Note

Carla Amado Gomes, Heloísa Oliveira, Armando Rocha, and Matteo Fermeglia

PART A Legal Grounds in International Climate Litigation

1 The United Nations System – Legal Grounds in Climate Litigation

Margaretha Wewerinke-Singh, Manasa Venkatachalam, and Armando Rocha

2 The Inter-American Human Rights System and Climate Litigation

Maria Antonia Tigre and Thalia Viveros-Uehara

3 In Search for the Content of States’ Positive Obligations under the European Convention on Human Rights: KlimaSeniorinnen and Climate Change

Vladislava Stoyanova

4 The Protection of the Climate System in the African System of Human Rights – Possible Legal Grounds

Welena da Silva and Armando Rocha

5 Climate Litigation before the Court of Justice of the European Union: A Quantitative and Qualitative Review of Features and Legal Grounds

Heloisa Oliveira, Ana Ruiz, and Pedro Sampaio Minassa

PART B Procedural Issues in International Climate Litigation

6 Climate Litigation within the United Nations System – Unity, Pluralism, and a Common Goal

José Alberto Azeredo Lopes and Maria Isabel Tavares

7 Climate Litigation in the Inter-American Human Rights System: Addressing Legal Standing

Délton Winter de Carvalho and Carolina Merida

8 Climate Litigation before the European Court of Human Rights: A Catalyst for Reevaluating Prerequisites for Legal Standing

Małgorzata Kwiędacz-Palosz

9 Climate Litigation in the African Human Rights System: Possibilities, Limits, and Constraints

Welena da Silva

10 Environmental Litigation and the CJEU: Overcoming Barriers to Standing?

Niels Hoek and Arianna Crosera

11 Climate Litigation before International Courts: Conclusive Remarks on a Comparative Study

Carla Amado Gomes, Heloísa Oliveira, Armando Rocha, and Matteo Fermeglia

Index

Biography

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.