Adjudicating Climate Change State National and International Approaches 1st Edition by William Burns 9780521879705 0521879701
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ISBN 10:0521879701
ISBN 13:9780521879705
Author:William Burns
Courts have emerged as a crucial battleground in efforts to regulate climate change. Over the past several years, tribunals at every level of government around the world have seen claims regarding greenhouse gas emissions and impacts. These cases rely on diverse legal theories, but all focus on government regulation of climate change or the actions of major corporate emitters. This book explores climate actions in state and national courts, as well as international tribunals, in order to explain their regulatory significance. It demonstrates the role that these cases play in broader debates over climate policy and argues that they serve as an important force in pressuring governments and emitters to address this crucial problem. As law firms and public interest organizations increasingly develop climate practice areas, the book serves as a crucial resource for practitioners, policymakers and academics.
Adjudicating Climate Change State National and International Approaches 1st Table of contents:
1 Overview: The Exigencies That Drive Potential Causes of Action for Climate Change
PART I: SUBNATIONAL CASE STUDIES
2 State Action as Political Voice in Climate Change Policy: A Case Study of the Minnesota Environmental Cost Valuation Regulation
3 Litigating Climate Change at the Coal Mine
4 Cities, Land Use, and the Global Commons: Genesis and the Urban Politics of Climate Change
5 Atmospheric Trust Litigation
PART II: NATIONAL CASE STUDIES
6 The Intersection of Scale, Science, and Law in Massachusetts v. EPA
7 Biodiversity, Global Warming, and the United States Endangered Species Act: The Role of Domestic Wildlife Law in Addressing Greenhouse Gas Emissions
8 An Emerging Human Right to Security from Climate Change: The Case Against Gas Flaring in Nigeria
9 Tort-Based Climate Litigation
10 Insurance and Climate Change Litigation
PART III: SUPRANATIONAL CASE STUDIES
11 The World Heritage Convention and Climate Change: The Case for a Climate-Change Mitigation Strategy beyond the Kyoto Protocol
12 The Inuit Petition as a Bridge? Beyond Dialectics of Climate Change and Indigenous Peoples’ Rights
13 Bringing Climate Change Claims to the Accountability Mechanisms of International Financial Institutions
14 Potential Causes of Action for Climate Change Impacts under the United Nations Fish Stocks Agreement
15 Climate Change Litigation: Opening the Door to the International Court of Justice
16 The Implications of Climate Change Litigation: Litigation for International Environmental Law-Making
17 Conclusion: Adjudicating Climate Change across Scales
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