Journal articles on the topic 'Climate lawsuits'
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1
Craig, Robin Kundis. "California Climate Change Lawsuits." Asia-Pacific Journal of Ocean Law and Policy 3, no. 2 (November 1, 2018): 306–10. http://dx.doi.org/10.1163/24519391-00302008.
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Bragança, Ana Carolina Haliuc, Paulo Moutinho, Rafael da Silva Rocha, Ane Alencar, Livia Laureto, Isabel Castro, and Claudia Azevedo-Ramos. "Climate lawsuits could protect Brazilian Amazon." Science 373, no. 6553 (July 22, 2021): 403.2–404. http://dx.doi.org/10.1126/science.abk1981.
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Ermakova, E. P. "LAWSUITS AGAINST GOVERNMENTS AND PRIVATE COMPANIES OF EUROPEAN COUNTRIES OVER CLIMATE PROTECTION UNDER THE PARIS AGREEMENT 2015 (UK, NETHERLANDS, GERMANY AND FRANCE)." Вестник Пермского университета. Юридические науки, no. 49 (2020): 604–25. http://dx.doi.org/10.17072/1995-4190-2020-49-604-625.
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Introduction: the article analyzes claims for climate protection under the Paris Agreement 2015 considered by state courts of the UK, the Netherlands, Germany and France. It is proved that the number of legal cases, both against governments and private companies, related to protection of climate from changes is steadily increasing. Applicants rely on constitutional and human rights laws in their efforts to hold governments accountable for tackling climate change issues. Climate litigation is also influenced by new scientific discoveries and developments in the field of climate change, which allow plaintiffs to more accurately determine the environmental impact of projects, policies and laws. In this regard, a comparative analysis of the above issues appears to be of key importance. Purpose: based on the analysis of judicial precedents, scientific sources and normative acts, to form an idea of the new category of court cases in European countries – lawsuits against governments and private companies aimed at protecting the climate from changes under the Paris Agreement 2015. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; special scientific methods (legal-dogmatic and the method of interpretation of legal norms). Results: the conducted study showed that in Europe, over the past few years, the concept ‘protecting the climate from changes’ has shifted from the political to the legal sphere – active citizens and environmental organizations began to sue their governments and private companies based on the provisions of the Paris Agreement 2015, international documents and national legislation. In general, state courts of European countries (Germany, the Netherlands) have arrived at a conclusion that the governmental climate policy is subject to judicial review and must comply with the government’s responsibilities to protect fundamental rights in accordance with the Constitution. Conclusions: all lawsuits filed to protect the climate from changes under the Paris Agreement 2015 can be divided into two categories: a) lawsuits filed against governments; b) claims filed against private companies. Among the lawsuits filed against individual governments, the most successful has been the ‘Urgenda’, case, with the decision in this case confirmed by the Supreme Court of the Netherlands in December 2019. Claims aimed at ensuring that private companies also comply with the terms of the Paris Agreement (although not being parties to it) can be called a new type of lawsuit: most of these cases are not completed and are pending before state courts. Such lawsuits are directed against private companies that pollute atmosphere the most – Shell, Total, etc.
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Burgers, Laura. "Should Judges Make Climate Change Law?" Transnational Environmental Law 9, no. 1 (January 15, 2020): 55–75. http://dx.doi.org/10.1017/s2047102519000360.
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AbstractWhat scholars referred to as a climate change litigation ‘explosion’ in 2015 has today become an established movement which is unlikely to stop in the near future: worldwide, over a thousand lawsuits have been launched regarding responsibility for the dangers of climate change. Since the beginning of this trend in transnational climate litigation scholars have warned that the separation of powers is threatened where judges interfere with the politically hot issue of climate change. This article uses Jürgen Habermas's political theory on deliberative democracy to reconstruct the tension between law and politics generated by these lawsuits. This reconstruction affords a better understanding of the implications of climate change litigation: while the role of the judiciary as such remains unchanged, the trend is likely to influence the democratic legitimacy of judicial lawmaking on climate change, as it indicates an increasing realization that a sound environment is a constitutional value and is therefore a prerequisite for democracy.
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Coumes, Jonathan. "Look to Windward: The Michigan Environmental Protection Act and the Case for Atmospheric Trust Litigation in the Mitten State." Michigan Journal of Environmental & Administrative Law, no. 10.1 (2021): 275. http://dx.doi.org/10.36640/mjeal.10.1.look.
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Failure to address climate change or even slow the growth of carbon emissions has led to innovation in the methods activists are using to push decisionmakers away from disaster. In the United States, climate activists frustrated by decades of legislative and executive inaction have turned to the courts to force the hand of the state. In their most recent iteration, climate cases have focused on the public trust doctrine, the notion that governments hold their jurisdictions’ natural resources in trust for the public. Plaintiffs have argued that the atmosphere is part of the public trust and that governments have a duty to protect it. These types of lawsuits, known as Atmospheric Trust Litigation, have foundered on the shoals of courts wary of exceeding their powers, whether granted by Article III or state constitutions. The trouble in many cases, including Juliana v. United States, has been standing. Courts balk at declaring that any one actor has the power to affect climate change. Since they usually think one actor can’t fix the climate, redressability is out the window. Even if courts get past redressability, they believe the scale of any potential relief is just beyond the ability of a court to order. The number of lawsuits that have been filed suggests that that reasonable minds can differ, but most judges have found plaintiffs do not have standing before clearing the cases off their dockets. This Note contends that at least one state remains fertile ground for an atmospheric trust lawsuit. Michigan’s 1963 Constitution implies that the atmosphere is within the public trust, and the Michigan Environmental Protection Act, passed to carry out the state’s constitutional duties towards the natural world, does away with most, if not all, of the standing issues that have stymied climate cases across the nation. Motions, briefs, and equitable relief are not the only way to avoid the onset of what could be the greatest calamity in the history of humanity, but in Michigan, at least, Atmospheric Trust Litigation may well be what breaks and rolls back the carbon tide.
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Peel, Jacqueline, and Hari M. Osofsky. "A Rights Turn in Climate Change Litigation?" Transnational Environmental Law 7, no. 1 (December 29, 2017): 37–67. http://dx.doi.org/10.1017/s2047102517000292.
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AbstractIn 2015, a Pakistani court in the case ofLeghariv.Federation of Pakistanmade history by accepting arguments that governmental failures to address climate change adequately violated petitioners’ rights. This case forms part of an emerging body of pending or decided climate change-related lawsuits that incorporate rights-based arguments in several countries, including the Netherlands, the Philippines, Austria, South Africa, and the United States (US). These decisions align with efforts to recognize the human rights dimensions of climate change, which received important endorsement in the Paris Agreement. The decisions also represent a significant milestone in climate change litigation. Although there have been hundreds of climate-based cases around the world over the past two decades – especially in the US – past and much of the ongoing litigation focuses primarily on statutory interpretation avenues. Previous efforts to bring human rights cases have also failed to achieve formal success. The new cases demonstrate an increasing trend for petitioners to employ rights claims in climate change lawsuits, as well as a growing receptivity of courts to this framing. This ‘rights turn’ could serve as a model or inspiration for rights-based litigation in other jurisdictions, especially those with similarly structured law and court access.
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Varvaštian, Samvel. "Current Legal Developments Climate Change and the Constitutional Obligation to Protect Natural Resources: The Pennsylvania Atmospheric Trust Litigation." Climate Law 7, no. 2-3 (September 1, 2017): 209–26. http://dx.doi.org/10.1163/18786561-00702006.
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When it comes to climate litigation, environmental plaintiffs in the United States have demonstrated a remarkable ingenuity in terms of utilizing various legal avenues to compensate for the persisting regulatory gaps. In the last few years, the public trust doctrine and constitutional law have been present among these, in an attempt to put the risks associated with climate change on the map of human rights in relation to the environment and natural resources. However, despite a nationwide occurrence of such lawsuits, courts have been cautious in their approach to them. Similar lawsuits have emerged outside the United States, in Europe and Asia, demonstrating some viability. This analysis addresses the recent litigation in Pennsylvania, where petitioners asked the court to order the state government to take action on climate change and to declare such action a constitutional obligation under the state’s Constitution. 1
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Charles, D. "CLIMATE CHANGE: Polar Bear Listing Opens Door to New Lawsuits." Science 320, no. 5879 (May 23, 2008): 1000a—1001a. http://dx.doi.org/10.1126/science.320.5879.1000a.
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Schiermeier, Quirin. "Climate science is supporting lawsuits that could help save the world." Nature 597, no. 7875 (September 8, 2021): 169–71. http://dx.doi.org/10.1038/d41586-021-02424-7.
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Viglione, Giuliana. "Climate lawsuits are breaking new legal ground to protect the planet." Nature 579, no. 7798 (February 28, 2020): 184–85. http://dx.doi.org/10.1038/d41586-020-00175-5.
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Chan, H. Ron, and Yichen Christy Zhou. "Regulatory spillover and climate co-benefits: Evidence from New Source Review lawsuits." Journal of Environmental Economics and Management 110 (October 2021): 102545. http://dx.doi.org/10.1016/j.jeem.2021.102545.
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Minnerop, Petra. "The ‘Advance Interference-Like Effect’ of Climate Targets: Fundamental Rights, Intergenerational Equity and the German Federal Constitutional Court." Journal of Environmental Law 34, no. 1 (December 29, 2021): 135–62. http://dx.doi.org/10.1093/jel/eqab041.
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ABSTRACT Some climate lawsuits qualify as landmark cases, because they either mark an unexpected turning point in environmental jurisprudence, or they introduce a new conceptual analysis of the law vis-à-vis the global challenge of climate change. The decision of the German Federal Constitutional Court from March 2021 meets both criteria, it has already defined climate policy and law-making in Germany, and it revolutionised the traditional concept of ‘interference’ with fundamental rights under the German Basic Law. This article examines the order and its significance for climate litigation, legislation and constitutional doctrine, and it analyses how international law defines the state’s objective to protect the climate pursuant to Article 20a Basic Law, including for future generations. On that basis, the article argues that the Court's approach towards intergenerational equity remains limited due to the perception of the carbon budget as ‘freedom budget’.
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Bähr, Cordelia Christiane, Ursula Brunner, Kristin Casper, and Sandra H. Lustig. "KlimaSeniorinnen: lessons from the Swiss senior women's case for future climate litigation." Journal of Human Rights and the Environment 9, no. 2 (September 2018): 194–221. http://dx.doi.org/10.4337/jhre.2018.02.04.
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As older women are particularly vulnerable to climate change impacts, a group of senior women in Switzerland founded the association KlimaSeniorinnen Schweiz (Senior Women for Climate Protection Switzerland) in order to fight for ambitious climate action by legally challenging the Swiss government's inadequate climate policies and mitigation measures. The KlimaSeniorinnen filed a legal request with the authorities, claiming that the Swiss authorities are failing to fulfil their duty to protect them as required by the Swiss Constitution and by the European Convention on Human Rights. This article provides a detailed analysis of the KlimaSeniorinnen case within the context of climate litigation worldwide. It argues that the case's human rights arguments, which are grounded in climate science, the United Nations Framework Convention on Climate Change (UNFCCC), the Paris Agreement, environmental principles and international law, are generally transferable to almost any country. Therefore, vulnerable individuals and groups can learn from the KlimaSeniorinnen litigation that there are strong legal grounds to bring human-rights-based climate lawsuits against governments and thus governments should expect more litigation if their climate actions or omissions contravene international law and violate constitutional principles.
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Jahn, Jannika. "Internationaler Klimaschutz mithilfe nationaler Verfas- sungsgerichte? Erkenntnisse aus dem Klimabeschluss des BVerfG." Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 82, no. 1 (2022): 47–72. http://dx.doi.org/10.17104/0044-2348-2022-1-47.
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Domestic Courts as Guarantors of International Climate Protection? Insights from the Climate Decision of the German Federal Constitutional Court The international climate protection regime depends on a willingness of states to cooperate that it cannot guarantee itself. Worldwide, there is a divergence between the need for ecological action and the political will to bring about the necessary changes in the national and international economy. As a result, climate lawsuits in domestic courts aimed at persuading policy-makers to make greater climate protection efforts have increased. Like the Dutch Hoge Raad and the Irish Supreme Court, the German Federal Constitutional Court has defined its function for global climate protection in its climate decision. This consists primarily of strengthening international co-operation in the area of climate protection. To this end, the Court gives Article 20a of the Basic Law an international dimension and calls for political cooperation for climate protection at the international level. The Court closely links constitutional law to the Paris Agreement and places itself at the service of enforcing the internationally agreed regime. The decision is motivated by the insight that climate protection cannot be achieved by a democratic sovereign alone, but only through concerted action at the international level.
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Grove, Hugh, and Maclyn Clouse. "Zero net emissions goals: Challenges for boards." Corporate Board role duties and composition 17, no. 2 (2021): 54–69. http://dx.doi.org/10.22495/cbv17i2art5.
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The major research purpose of this paper is to identify the challenges for boards of directors concerning their responsibilities to assess and track their companies’ commitments to zero net emissions goals and performances. A major challenge for boards is to determine whether their companies are sincerely trying to reach zero net emissions or just doing greenwashing, i.e., just making commitments or pledges without any substantial subsequent performance. This literature-search research broadens previous research on companies’ commitments to renewable energy (Grove & Clouse, 2021) to zero net emissions goal commitments and related boards’ monitoring responsibilities, especially to avoid greenwashing. This study also extends previous research on climate change risks and opportunities (Grove, Clouse, & Xu, 2021) to develop and establish board challenges for zero net emissions goals with the following sections: overview of climate risk, current climate lawsuits and board risks, EU climate law, carbon inserts, carbon offsets, carbon credits for agriculture, climate disclosure metrics, global bank greenwashing, and conclusions. The International Organization of Securities Commissions Organization (IOSCO) includes 90% of the public market security regulators in the world and has established a working group that should establish climate disclosure metrics for public companies. Climate disclosure metrics are relevant and needed to help stakeholders, including boards, assess company climate performances, opportunities, and risks.
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Davies, Anna R., Vanesa Castán Broto, and Stephan Hügel. "Editorial: Is There a New Climate Politics?" Politics and Governance 9, no. 2 (April 28, 2021): 1–7. http://dx.doi.org/10.17645/pag.v9i2.4341.
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Addressing climate change globally requires significant transformations of production and consumption systems. The language around climate action has shifted tangibly over the last five years to reflect this. Indeed, thousands of local governments, national governments, universities and scientists have declared a climate emergency. Some commentators argue that the emergency framing conveys a new and more appropriate level of urgency needed to respond to climate challenges; to create a social tipping point in the fight against climate change. Others are concerned to move on from such emergency rhetoric to urgent action. Beyond emergency declarations, new spaces of, and places for, engagement with climate change are emerging. The public square, the exhibition hall, the law courts, and the investors’ forum are just some of the arenas where climate change politics are now being negotiated. Emergent governing mechanisms are being utilised, from citizens’ assemblies to ecocide lawsuits. New social movements from Extinction Rebellion to Fridays For Future demonstrate heightened concern and willingness to undertake civil disobedience and protest against climate inaction. Yet questions remain which are addressed in this thematic issue: Are these discourses and spaces of engagement manifestations of a radical new climate politics? And if these are new climate politics, do they mark a shift of gear in current discourses with the potential to effect transformative climate action and support a just transition to a decarbonised world?
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Vona, Fabrizio. "Environmental Disasters and Humanitarian Protection: A Fertile Ground for Litigating Climate Change and Human Rights in Italy?" Italian Review of International and Comparative Law 1, no. 1 (October 15, 2021): 146–58. http://dx.doi.org/10.1163/27725650-01010008.
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Abstract On 24 February 2021, the Italian Corte Suprema di Cassazione delivered a landmark ordinance unequivocally establishing that the existence of a situation of environmental degradation in the country of origin of an international protection seeker, which entails grave human rights violations, justifies the recognition of the humanitarian protection status. In ruling that the assessment of vulnerability, for the purpose of granting humanitarian protection, must also be conducted in relation to environmental and climatic conditions which are capable of seriously affecting the enjoyment of human rights, the Supreme Court potentially paves the way for a first wave of rights-based climate lawsuits before Italian civil courts.
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Dziubińska, aleksandra. "Etyczno-prawne aspekty (nie)odpowiedzialności klimatyczne." Edukacja Etyczna 17 (2020): 201–14. http://dx.doi.org/10.24917/20838972.17.12.
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Climate change has intensifi ed in recent years. The resulting climatic disasters are no longer a distant future, but a diffi cult reality. This subject has been un-derestimated for too long. The aim of this article is to highlight our ineptitude and the mistakes we have made as tenants of this planet, and to fi nd and analyse solutions that would be most eff ective and at the same time most benefi cial to the most disadvantaged. The climate change was caused by man, among others through the burning of fossil fuels, intensive farming, or clearing and burning forests. Mainly a man who lives in highly developer part of the world. The con-sequences of climate change, such as the rise in average temperatures, rising sea and ocean levels, and weather extremes aff ect mainly underdeveloped regions, which due to their diffi cult economic situation, have in fact contributed least to change. The Paris Agreement recognised that losses and damage resulting from weather extremes are indeed caused by climate change. Unfortunately, it was also made clear that countries aff ected by such damage have no right to claim damages for this reason. The problem is being tackled by insurance companies that off er climate risk insurance, as well as climate lawsuits.
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Rodríguez-Garavito, César. "Human Rights: The Global South's Route to Climate Litigation." AJIL Unbound 114 (2020): 40–44. http://dx.doi.org/10.1017/aju.2020.4.
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After twenty-five years of climate litigation dominated by cases in the United States, Australia, and other jurisdictions in the Global North, a second wave of lawsuits arose in the mid-2010s that prominently feature cases filed in countries of the Global South. I argue that the use of human rights norms and strategies characterizes the “Global South route” to climate litigation, one that is firmly rooted in the trajectory of human rights adjudication and litigation in key Southern countries over the last three decades. I posit that, in order to understand the present and the future of this route, it is essential to (1) track its origins and features to the trajectory of “Global South constitutionalism” over the last three decades, especially litigation around socioeconomic rights, and (2) unpack the category of “Global South” countries, in order to avoid overgeneralizations and to identify the types of countries that are likely to see most climate litigation and court decisions. I close by suggesting that, in light of the planetary and urgent nature of the climate challenge, future research and advocacy should explore transnational forms of litigation that cut across the North-South divide and pay systematic attention to the impact of climate litigation.
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Pascaris, Alexis S., and Joshua M. Pearce. "U.S. Greenhouse Gas Emission Bottlenecks: Prioritization of Targets for Climate Liability." Energies 13, no. 15 (August 1, 2020): 3932. http://dx.doi.org/10.3390/en13153932.
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Due to market failures that allow uncompensated negative externalities from burning fossil fuels, there has been a growing call for climate change-related litigation targeting polluting companies. To determine the most intensive carbon dioxide (CO2)-emitting facilities in order prioritize liability for climate lawsuits, and risk mitigation strategies for identified companies as well as their insurers and investors, two methods are compared: (1) the conventional point-source method and (2) the proposed bottleneck method, which considers all emissions that a facility enables rather than only what it emits. Results indicate that the top ten CO2 emission bottlenecks in the U.S. are predominantly oil (47%) and natural gas (44%) pipelines. Compared to traditional point-source emissions methods, this study has demonstrated that a comprehensive bottleneck calculation is more effective. By employing an all-inclusive approach to calculating a polluting entity’s CO2 emissions, legal actions may be more accurately focused on major polluters, and these companies may preemptively mitigate their pollution to curb vulnerability to litigation and risk. The bottleneck methodology reveals the discrete link in the chain of the fossil-fuel lifecycle that is responsible for the largest amount of emissions, enabling informed climate change mitigation and risk management efforts.
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Frain, Sylvia C. "‘Make America Secure’: Media, militarism, and climate change in the Marianas Archipelago." Pacific Journalism Review : Te Koakoa 24, no. 2 (November 2, 2018): 218–40. http://dx.doi.org/10.24135/pjr.v24i2.407.
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The 2018 Make America Secure Appropriations Act is the latest United States federal policy which prioritises funds for defence projects at the expense of climate change adaption planning in the Marianas Archipelago. Since 2006, the US Department of Defense (DoD) has released six Environmental Impact Statement documents which outline construction of bombing ranges on the islands of Guam, Pågan, and Tinian. Expanding militarisation of the archipelago is supported by US-owned media through the narrative of pro-American ideologies which frames any resistance as unpatriotic. However, both non-voting US Congress representatives for Guam and Commonwealth of the Northern Mariana Islands (CNMI) express concerns with how federal funds are prioritised for military projects instead of climate change adaption. Further, Indigenous Chamorro and Refaluwasch peoples of the Marianas continue to resist by creating content on alternative digital media platforms and through lawsuits supported by the National Environmental Protection Act against the DoD and Department of the Navy. This article illustrates how remaining as insular areas of the US directly dictates the lack of sovereignty the people of the Marianas have in planning for climate change.
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Corbin, Thomas, Akram Al Matarneh, and Udo Braendle. "Smokers: To Hire or Not?" Journal of Business Ethics Education 15 (2018): 349–54. http://dx.doi.org/10.5840/jbee20181519.
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This case study attempts to frame the ethical considerations between hiring a known smoker over a non-smoker in today’s cultural climate. Referenced data from a parallel project gauging the likelihood of Human Resources representatives to hire smokers and accommodate them in the workforce could help manage the response and critical thinking components of the case scenario. Questions also arise as to whether it is advisable for employers to take particular attitudes toward smoking in the workplace. This is not only in the interest of the health of employees, customers and clients, but is also on the basis of a concern that employers may otherwise expose themselves to lawsuits where employees may, on the basis of illness contracted due to a smoking environment supported by an employer, sue for the costs of care and income.
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Minha, Donna. "The Possibility of Prosecuting Corporations for Climate Crimes Before the International Criminal Court: All Roads Lead to the Rome Statute?" Michigan Journal of International Law, no. 41.3 (2020): 491. http://dx.doi.org/10.36642/mjil.41.3.possibility.
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Due to rapid developments in climate science, scientists are now able to quantifiably link significant greenhouse gas emissions caused by major oil and gas corporations to specific climate impacts. These scientific advances have been accompanied by the publication of documents and studies suggesting that the oil and gas industry allegedly had knowledge of climate change as early as sixty years ago, and yet it actively worked to promote climate change denial and to delay governmental regulation on this matter. Though climate-related litigation is proceeding against the industry in different jurisdictions, proceedings brought against oil and gas corporations mainly focus on actions at the national level, seeking damages for climate change impacts and on lawsuits brought by state Attorneys General in the United States. There has not been any attempt to hold these companies criminally accountable in the international sphere for the widespread and irreversible global consequences of their alleged conduct. This article examines whether fossil fuel corporations––or their officials––should be held accountable for their alleged conduct at the international level, and, in particular, whether these corporations (or corporate officials) could be investigated and prosecuted for the crimes listed in the Rome Statute of the International Criminal Court. Through this prism, this article aims to evaluate a broader question: whether the Rome Statute is applicable for the prosecution of corporate environmental crimes. In this sense, the article engages with the most recent policy paper by the ICC’s Office of the Prosecutor—which set forth, inter alia, the goal of prosecuting Rome Statute crimes that result in the destruction of the environment—and further explores the suitability of such proceedings for corporate actions.
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Wegener, Bernhard W. "Urgenda – World Rescue by Court Order? The “Climate Justice”-Movement Tests the Limits of Legal Protection." Journal for European Environmental & Planning Law 16, no. 2 (July 12, 2019): 125–47. http://dx.doi.org/10.1163/18760104-01602003.
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The Gerechtshof in The Hague has condemned the Netherlands to take measures to ensure a reduction of at least 25% of Dutch greenhouse gas emissions by the end of 2020. The court thus confirms the first-instance Urgenda decision, which had attracted much attention worldwide and which serves as a model for a whole series of other climate change litigations, some of which have since failed, some are still pending or planned. Even bearing in mind the urgency of the climate protection goal pursued by these lawsuits, the idea of a world rescue through court decisions is ultimately misleading. It overestimates the power of the judicial branch and risks being lost in mere symbolism. Worse still, it shifts responsibilities and creates expectations that tend to further de-legitimize the constitutional democratic systems of the world and their concept of a separation of powers. Even from a solely environmental point of view, this constitutes a high risk, because there are no better alternatives of responsible government. Keeping this risk in mind, the fact that the specific “Urgenda”-decision is legally not convincing seems an almost minor aspect.
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Sterett, Susan. "Climate Change Adaptation: Existential Threat, Welfare States and Legal Management." Oñati Socio-legal Series 9, no. 9(3) (August 1, 2019): 380–99. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1064.
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This paper contrasts knowledge frames for climate change and displacement. First the paper explains the abstract human rights arguments about displacement in climate change and disaster. In contrast, management and claims under lawsuits about climate change and displacement are place-based. The paper then draws on data about knowledge and management strategies in a particular place in the United States, and on a close reading of legal reasoning in a post-disaster domestic housing case in the United States. The paper relies on interpretive methods. Although legal reasoning is often represented as distinctive in how it transforms stories into decisions, it shares characteristics with other forms of policy reasoning. Institutional reasoning transforms the “existential threat” of climate change into managed parts. The paper argues that intervening concerning climate change and displacement requires shifting from broad claims in the drama of climate change and rights to following tactics logical within particular institutions. Este artículo realiza un contraste entre marcos de conocimiento para el cambio climático y el desplazamiento de la población. Primero, explica los argumentos abstractos sobre derechos humanos; por contra, la gestión y las reclamaciones judiciales sobre cambio climático y desplazamiento se basan en el lugar. A continuación, se parte de datos sobre estrategias de conocimiento y gestión en un lugar concreto, y de una cuidadosa lectura del razonamiento jurídico en un caso sobre vivienda post-desastre. Nos basamos en métodos interpretativos. A pesar de que a menudo se presenta como rasgo distintivo del razonamiento jurídico el transformar historias en decisiones, comparte características con otros tipos de razonamiento de políticas. El razonamiento institucional transforma la “amenaza existencial” del cambio climático en partes gestionadas. Se argumenta que, para intervenir sobre el cambio climático y el desplazamiento, es necesario pasar de reclamaciones generales a tácticas lógicas dentro de instituciones concretas.
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Peel, Jacqueline, Hari Osofsky, and Anita Foerster. "A “Next Generation” of Climate Change Litigation?: an Australian Perspective." Oñati Socio-legal Series 9, no. 9(3) (August 1, 2019): 275–307. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1060.
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Since conclusion of the Paris Agreement and the high-profile Urgenda case, potential new avenues for strategic climate litigation have received considerable attention in many countries, including Australia. Australia already has a substantial climate jurisprudence, primarily involving administrative challenges under environmental laws. This paper aims to examine the prospects for a “next generation” of cases focused on holding governments and corporations to account for the climate change implications of their actions. We draw on analysis of existing legal precedent and emerging cases to explore four key aspects: drivers for next generation lawsuits, potential legal avenues, and likely enablers and barriers. The paper uses the Australian experience as a case study but draws also on litigation trends globally. We find that the most fruitful strategy for future climate change litigation is likely to be one that advances lower risk cases building from the base of existing litigation, while simultaneously attempting novel approaches. Desde los Acuerdos de París y el caso Urgenda, varios países han prestado mayor atención a los litigios estratégicos sobre el clima. Australia ya tiene una notable jurisprudencia sobre el clima, especialmente en cuanto a los desafíos que para la administración suponen las leyes ambientales. Este artículo analiza las posibilidades de una “nueva generación” de casos basados en pedir responsabilidades gubernamentales y empresariales. Partimos de antecedentes jurídicos y de casos emergentes para explorar cuatro cuestiones claves: los motores para demandas judiciales, posibles vías legales, y capacitadores y obstáculos probables. Se usa la experiencia de Australia como estudio de caso, pero también se traen a colación tendencias judiciales globales. Hallamos que la estrategia más provechosa es propulsar casos de menor riesgo desde la base de los litigios existentes, a la vez que ensayar nuevos abordajes.
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Gerrard, Michael B. "An Environmental Lawyer's Fraught Quest for Legal Tools to Hold Back the Seas." Daedalus 149, no. 4 (October 2020): 79–95. http://dx.doi.org/10.1162/daed_a_01818.
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The law is the principal mechanism by which society resolves disputes and implements policies. For more than forty years, I have worked to use the law to address environmental problems, initially by trying to stop projects that would increase pollution and harm communities. But there are limits to what the courts can do without explicit direction from legislatures. Climate change is a prime example. Some have seen litigation as a silver bullet, but at least so far that has not been the case. Elections matter more than lawsuits. Until and unless elections bring to power a president, a Congress, and local officials who will take the necessary measures, litigation is needed to inhibit those who will try to move backwards, spur on those with good intentions, help implement the policies set by wise Congresses past, and continue the quest for redress for victims. Well-crafted laws can also lead the way to solutions.
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Heidari, Negin, and Joshua M. Pearce. "A review of greenhouse gas emission liabilities as the value of renewable energy for mitigating lawsuits for climate change related damages." Renewable and Sustainable Energy Reviews 55 (March 2016): 899–908. http://dx.doi.org/10.1016/j.rser.2015.11.025.
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KYSAR, Douglas A. "The Public Life of Private Law: Tort Law as a Risk Regulation Mechanism." European Journal of Risk Regulation 9, no. 1 (March 2018): 48–65. http://dx.doi.org/10.1017/err.2017.79.
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AbstractAgainst the backdrop of contemporary climate change lawsuits, this article presents preliminary research findings regarding a remarkable and underappreciated moment in the common law pre-history of modern environmental, health, and safety regulation. The findings complicate the conventional academic story about the limited capabilities of tort law and its inevitable displacement by more institutionally robust and sophisticated forms of regulation. Section I offers a brief introduction, followed in Section II by a review of existing academic literature on the pros and cons of utilising tort law as a regulatory device. As will be seen, the consensus view seems to be that tort law is a clumsy and imperfect mechanism for addressing most environmental, health, and safety risks. Section III argues that the debate over tort law’s potential as a risk regulation mechanism ignores the distinctively private law history and character of that body of law, essentially asking tort to serve a purpose for which it was neither intended nor designed. Section IV then presents a case study of nuisance litigation in which the tort system achieves a remarkable and underappreciated risk regulation effect precisely by focusing narrowly on the traditional task of adjudicating alleged wrongs between private parties. Section V concludes.
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Pollak, Cheryl L. ""Hurricane" Sandy." Texas A&M Journal of Property Law 5, no. 2 (December 2018): 157–92. http://dx.doi.org/10.37419/jpl.v5.i2.3.
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On the evening of October 29, 2012, “Hurricane” Sandy made land- fall on the New York coastline, battering the land with strong winds, torrential rain, and record-breaking storm surges. Homes and commercial structures were destroyed; roads and tunnels were flooded; and more than 23,000 people sought refuge in temporary shelters, with many others facing weeks without power and electricity. At the time, Sandy was heralded as one of the costliest hurricanes in the his- tory of the United States; the second costliest hurricane only to Katrina, which hit New Orleans in 2005. Unfortunately, recent experience with Hurricanes Florence, Maria, Harvey, and Irma suggest that this pattern of devastating superstorms may become the new norm as climate change produces more extreme and unpredictable weather events. In Sandy’s aftermath, as individuals returned to their homes, or what remained of them, and communities began to rebuild, the true cost of the storm became apparent. A year after the storm, the Federal Emergency Management Agency (“FEMA”) estimated that over $1.4 billion in assistance was provided to 182,000 survivors of the dis- aster; another $3.2 billion was provided to state and local governments for debris removal, infrastructure repair, and emergency protective measures. More than $2.4 billion was provided to individuals and businesses in the form of low-interest loans through the Small Business Administration (“SBA”), and millions more were spent on grants de- signed to implement mitigation measures in the future and to provide unemployment assistance to survivors. Before the storm, homeowners paid premiums for flood insurance provided through the National Flood Insurance Program (“NFIP”), and for homeowner’s insurance provided by dozens of private insurers. In the months following the storm, they began to file claims for assistance in rebuilding their homes. While many such claims were re- solved successfully, many homeowners were unhappy with the settlement amounts offered by their insurance carriers and felt compelled to file lawsuits in the surrounding state and federal courts. Many of those lawsuits were filed in the United States District Court for the Eastern District of New York (“EDNY”). This case study describes the EDNY’s specifically crafted, unique approach to handling the mass litigation that ensued from Sandy’s devastation, documents some of the problems that the Court faced during that mass litigation, and describes some of the lessons learned from the Court’s experience.
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Hooper, Robert A. "When the barking stopped: Censorship, self-censorship and spin in Fiji." Pacific Journalism Review 19, no. 1 (May 31, 2013): 41. http://dx.doi.org/10.24135/pjr.v19i1.237.
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After four military coups in 20 years, Fiji is poised to return to democracy in elections promised for 2014. An emergency decree placing censors in newsrooms was lifted in January 2012, but with domestic media gagged by lawsuits and Fiji Television threatened with closure for covering opposition figures, a pervasive climate of self-censorship imposed by government decrees is enforced by a government-appointed judiciary. As elections draw closer, the illusion of press freedom is framed by highly paid American ‘spin doctors’ from a prominent Washington DC public relations and lobbying firm. Paralysis in the newsroom is reflected at Fiji’s premier University of the South Pacific, once a leader in journalism education. The author taught television journalism at the university and trained reporters for Fiji TV in the 1990s, but returned to find Fiji’s media and higher education in a crisis reflecting the decline of Western influence in the Pacific. Student grievances over harassment and expulsion in retaliation for independent reporting echo the deceit and dysfunction unfolding on the national stage. As traditional allies Australia, New Zealand, United Kingdom and the United States anguish over sanctions, unprecedented visits to the Fijian government by Russian Foreign Minister Sergei Lavrov and incoming Chinese Premier Xi Jinping portend diplomatic rivalry and raise the stakes for a fragile Pacific nation.
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Cohen, Aliza. "NEPA in the Hot Seat: A Proposal for an Office of Environmental Analysis." University of Michigan Journal of Law Reform, no. 44.1 (2010): 169. http://dx.doi.org/10.36646/mjlr.44.1.nepa.
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Judicial deference under the National Environmental Policy Act (NEPA) can be problematic. It is a well-established rule of administrative law that courts will grant a high degree of deference to agency decisions. They do this out of respect for agency expertise and policy judgment. This deference is applied to NEPA lawsuits without acknowledging the special pressures that agencies face while assessing the environmental impacts of their own projects. Though there is a strong argument that these pressures undermine the reasons for deferential review, neither the statute nor the courts have provided plaintiffs with adequate means to remedy this problem. Agency pressure and environmental harms are often amplified in the context of climate change and can lead to incongruous results that are scientifically questionable, counter to NEPA's expressive environmental policy, or both. In light of the current deficiencies in the interpretation and application of the law and the pressing issue of global warming, the time is ripe for reforms that will ensure that agency decisions reflect NEPA's expressive purpose and are, at the very least, supported by honest science. This Note proposes an external office to address NEPA's shortcomings by providing a higher level of scientific review for agency analyses under NEPA. The proposed review grants the wide deference for policy judgments that the administrative state requires, while acknowledging the places where an agency may not be in the best position to adjudge the veracity of the environmental impacts of its own projects.
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Pajtić, Bojan. "The right to environmental protection in Serbia: Between ethics of good intention and ethics of responsibility." Zbornik radova Pravnog fakulteta, Novi Sad 55, no. 4 (2021): 1063–82. http://dx.doi.org/10.5937/zrpfns55-30732.
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The paper focuses on formal and practical problems in the field of environmental protection, which occur as a consequence of omissions of the legislative and executive authorities in Serbia. The text analyzes the positive legislation and compliance of domestic legal regulations with international declarations and conventions ratified by our country (from the Stockholm Declaration and the Council of Europe Convention on Civil Liability for Damage Caused by Dangerous Activities to the Environment to the Rio Declaration), as well as with European Directives (EU Directive on Industrial Emissions) and Regulations (Regulation No. 525/2013 on monitoring and reporting of greenhouse gas emissions and reporting on other information relevant to climate change). The candidacy for equal membership in the European family of nations obliges the Serbian Parliament and the Government to make additional efforts in the direction of harmonizing our law with the European one. The paper takes a de lege ferenda approach, so the author explains the need to amend a number of laws, such as the Law on Environmental Impact Assessment, the Law on Strategic Environmental Assessment, the Law on Fees for the Use of Public Goods and the Law on Budget system, as well as the enactment of the Law on Climate Change and the Serbian Civil Code as soon as possible (in which dilemmas that hinder the subjects of law in using the environmental lawsuit as an instrument of environmental protection should be resolved). An unacceptable deviation from one of the fundamental principles established by the Rio Declaration was pointed out, which brings with it a number of structural problems and the inability of both the Green Fund institutions and a number of organizations that focus on ecology. The consequences of the discrepancy between the intentions proclaimed by the Constitution of Serbia and the National Strategy of Serbia for the accession of Serbia and Montenegro to the European Union from 2005 on the one hand and the absence of adequate legislative and executive activities in environmental protection, on the other hand, are obvious in the reports of the European Commission and the European Environment Office, as well as in the health risk and increased mortality of a large number of citizens of Serbia and other European countries, due to harmful emissions that cause pollution of air, water and soil in our country. In addition to the proposals for changes in the formal framework in the field of environmental protection, the paper points out the need to use those mechanisms of civil protection, such as environmental lawsuits (established by the Law on Obligations 1978), which is, by its nature, actio popularis and in that sense accessible to the widest range of subjects. The defense of the standards established by the Kyoto Protocol and the Basel Convention would, through the extensive use of this procedural instrument, be placed not only in the hands of representatives of the legislature and the executive, but also, the judiciary (conditionally, of course, because courts can decide only initiate a civil action, but not on its own initiative).
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Seinfeld, Gil. "Climate Change Litigation in the Federal Courts: Jurisdictional Lessons from California v. BP." Michigan Law Review Online, no. 117 (2018): 25. http://dx.doi.org/10.36644/mlr.online.117.climate.
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On March 21 of this year, something unusual took place at a U.S. courthouse in San Francisco: a group of scientists and attorneys provided Federal District Judge William H. Alsup with a crash course in climate science. The five-hour tutorial was ordered by Judge Alsup in connection with a lawsuit that had been filed by the cities of Oakland and San Francisco (“the Cities”) against the world’s five largest producers of fossil fuels. The central issue in the case is whether the energy companies can be held liable for continuing to market fossil fuels long after they learned that such fuels contribute to climate change. As you might expect, the lawsuit has attracted a great deal of attention. There are billions of dollars at stake in this case alone, and if the Cities secure a favorable verdict, hordes of public and private plaintiffs will surely follow suit. The case thus carries the potential to reallocate some of the massive social costs associated with climate change.
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Lysaker, Odin. "Økologisk demokrati og naturens iboende verdi." Etikk i praksis - Nordic Journal of Applied Ethics, no. 2 (November 6, 2019): 41–58. http://dx.doi.org/10.5324/eip.v13i2.3302.
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Vi står overfor en planetær miljø- og klimakrise, med alvorlige, gjennomgripende, langvarige og irreversible konsekvenser for både menneske og natur. Det skyldes særlig at politiske, rettslige og økonomiske systemer som har vokst frem i løpet av de siste 250 år – slik som det liberale demokratiet og den globale kapitalismen – behandler naturen antroposentrisk, materialistisk og instrumentelt. For bedre å håndtere dagens miljø- og klimakrise, bør disse utdaterte systemene reformeres ut fra tanken om et økologisk demokrati, herunder en grønn konstitusjonalisme og naturens moralske trumf. Norges første klimasøksmål illustrerer viktigheten av en slik systemisk grønning. Rettsaken fant sted i 2017 og kom opp igjen for rettsapparatet i 2019, hvor staten hevdes å bryte miljøparagrafen (§ 112) i sin egen grunnlov. Søksmålets grønning innebærer en positiv rettsliggjøring, hvis natursynet i Grunnlovens miljøparagraf forstås økosentrisk (klodesentrert) fremfor antroposentrisk (menneskesentrert). Da styrker klimasøksmålet økologiske medborgeres konstitusjonelle rettssikkerhet og demokratiske deltagelseslikhet. Viktigst er imidlertid at planetens eksistensielle tålegrense og naturens moralske trumf anerkjennes.
Nøkkelord: Miljøkrise, klimasøksmål, økologisk demokrati, økologisk medborgerskap, grønn konstitusjonalisme, naturens moralske trumf, positiv rettsliggjøring
English Summary: Ecological democracy and the inherent value of nature: Climate litigation in the age of the environmental crisis
We are facing a planetary environmental and climate crisis, with severe, pervasive, long-lasting, and irreversible impacts for both humans and nature. This is due to political, legal, and economic systems having emerged during the last 250 years – especially liberal democracy and global capitalism – treat nature anthropocentrically, materialistically, and instrumentally. To better handle today’s environmental and climate crisis, these outdated systems should be reformed in light of the idea of ecological democracy, hereunder green constitutionalism and nature’s moral trump. Norway’s first climate lawsuit illustrates the importance of such a systemic greening. This trial took place in 2017 and reappeared for the court in 2019, in which the state is accused for having broken the environmental paragraph (§ 112) in its own constitution. This lawsuit’s greening implies a positive juridification, if the perception of nature in the Constitution’s environmental paragraph is ecocentric (earth-centered) rather than anthropocentric (human-centered). Then, the climate lawsuit strengthens ecological co-citizens’ constitutionally rule of law and democratic participation equality. Most importantly, it recognizes the planet’s existential limits and nature’s moral trump.
Keywords: Environmental crisis, climate lawsuit, ecological democracy, ecological citizenship, green constitutionalism, nature’s moral trump, positive legalization
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Cooney, Catherine M. "Government Watch: Lawsuit challenges data in national climate report." Environmental Science & Technology 38, no. 1 (January 2004): 15A. http://dx.doi.org/10.1021/es0403211.
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Kuksenko, S. I. "PECULIARITY AND ESSENCE OF “ONE-TIME (SPECIAL) VOLUNTARY DECLARATION BY INDIVIDUALS OF ASSETS BELONGING TO THEM” AS A DIFFERENCE OF “TAX AMNESTY”." Constitutional State, no. 43 (October 26, 2021): 94–103. http://dx.doi.org/10.18524/2411-2054.2021.43.240986.
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The article analyzes the essence and peculiarity of one-time (special) voluntary declaration by individuals of their assets in accordance with the Law of Ukraine of 15 June 2021 “On Amendments to the Tax Code of Ukraine and Other Laws of Ukraine on Stimulating the Un-Shadowing of Incomes and Increasing the Citizens’ Tax Culture by Introducing One-Time (Special) Voluntary Declaration of Assets Belonging to Individuals and Payment of the One-Time udget Levy”. The author highlights the formal tasks of the proposed voluntary declaration, carries out a scientific analysis of the concepts of “tax amnesty”, “capital amnesty”, and proposed their own generalizing definitions. The author finds that “one-time (special) voluntary declaration” combines features of both “tax amnesty” and “capital amnesty”. The author recapitulates the practice of conducting tax amnesties by different countries and attempts to implement tax amnesty in Ukraine for legal entities in 2015 in the form of a “tax compromise”. To determine the effectiveness of amnesties, the author proposes to take into account not only financial indicators: the amount of legalized capital and taxes paid to the budget, but also factors that change society’s values: increasing legal awareness, improving tax culture and discipline, improving the business climate, expanding the tax base. Based on the analysis of paras 3, 5, 10 of the law on “one-time voluntary declaration” the author concluded that although the majority of citizens will not file a special declaration, the wealth of each citizen (“composition and volume of assets”) will actually be declared as of 1 September 2021. This “zero declaration” will be the starting point for assets calculation, which will be taken into account by the tax authorities in the future. The author draws attention to a number of debatable points of the law, which allow for the possibility of their ambiguous interpretation and may give rise to legal red tape and lawsuits in the future. Based on the analysis of the experience and effectiveness of “amnesties” in different countries, as well as “tax compromise” in Ukraine, the author identified and systematized factors that positively and negatively affect the effectiveness of tax amnesty. It is established that the conduct of “voluntary declaration” will be influenced by both groups of factors. In the conclusions, the author proposes measures aimed at neutralizing the negative factors.
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Müllerová, Hana, and Alexander Ač. "The First Czech Climate Judgment: A Novel Perspective on the State’s Duty to Mitigate and on the Right to a Favourable Environment." Climate Law 12, no. 3-4 (October 26, 2022): 273–84. http://dx.doi.org/10.1163/18786561-12030004.
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Abstract In June 2022, a Czech climate lawsuit, Klimatická žaloba ČR, z. s. and Others v. Government of the Czech Republic and Others was decided by a first-instance court. The litigation was led against the Czech state for insufficient climate mitigation and adaptation effort. The Municipal Court in Prague largely upheld the plaintiffs’ claim that the Czech mitigation measures adopted to date were contrary to the Paris Agreement; and it found that the country must substantially strengthen its reduction rate of greenhouse gas emissions. This result—the first of its kind in the Czech Republic—was a surprise to many in a country whose courts have been conservative in environmental matters. The judgment fits in well with current trends in climate litigation and follows the arguments of landmark climate cases such as Urgenda. This article provides a summary of the lawsuit and analyses two of the most important parts of the judgment: the court’s reasoning on the state’s obligation to reduce greenhouse gas emissions and its ‘climatic’ interpretation of the fundamental right to a favourable environment, as guaranteed by the Czech Constitution.
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Cook-Cottone, Catherine, Erga Lemish, and Wendy Guyker. "Interpretive phenomenological analysis of a lawsuit contending that school-based yoga is religion: A study of school personnel." International Journal of Yoga Therapy 27, no. 1 (November 1, 2017): 25–35. http://dx.doi.org/10.17761/1531-2054-27.1.25.
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Abstract This study focused on the perspectives of school personnel affiliated with the Encinitas Union School District in California following a lawsuit arguing that their yoga-based program included religion and therefore was unsuitable for implementation in public schools and was unconstitutional. Participants (N = 32) were interviewed using a semistructured interview, and data were analyzed according to Interpretative Phenomenological Analysis. Five super-ordinate themes (including sub-themes) were identified in an iterative process, including: participants' perspectives on the roots of yoga and the type of yoga taught in their district; the process of introducing a yoga-in-the-schools program in light of this contention (including challenges and obstacles, and how these were met); perspectives on the lawsuit and how the process unfolded; effects of the lawsuit on school climate and beyond; and perspectives on yoga as, and as not, religious. The study attempts to shed light on the impact of an ongoing lawsuit on a school district at the time of implementation of a program for students' well being.
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Marris, Emma. "US Supreme Court allows historic kids’ climate lawsuit to go forward." Nature 563, no. 7730 (November 2018): 163–64. http://dx.doi.org/10.1038/d41586-018-07214-2.
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López-Fitzsimmons, Bernadette M., Kanu A. Nagra, Alexandra De Luise, Jeremy Czerw, and Michael W. Handis. "Academic librarians serving diverse populations of multilingual students: Tips to support success." College & Research Libraries News 80, no. 10 (November 5, 2019): 554. http://dx.doi.org/10.5860/crln.80.10.554.
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In today’s political and social climate in the United States, news stories focusing on language-related conflicts are becoming increasingly common. For example, two Montana women filed a lawsuit earlier this year against U.S. Customs and Border Protection for being detained after they were overheard speaking Spanish in a local convenience store.
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McGillivray, Anne. "Tales of the Apocalypse: The Child’s Right to a Secure Climate." International Journal of Children’s Rights 25, no. 2 (August 8, 2017): 553–68. http://dx.doi.org/10.1163/15718182-02502014.
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All rights of children equate with the right to a life-sustaining biosphere. Climate change disproportionately harms children and profoundly threatens their future. Dystopian futures portrayed in cli-fi films illustrate the dangers but also may contribute to paralysis in the face of rapidly increasing global warming. Intergenerational equity frames our duty to future generations. A child-led lawsuit, if successful, will hold the state to its duty to safeguard natural resources. A new corporate paradigm is essential. Central to all strategies is hearing the child.
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Kronk Warner, Elizabeth Ann, and Randall S. Abate. "International and Domestic Law Dimensions of Climate Justice for Arctic Indigenous Peoples." Revue générale de droit 43 (January 13, 2014): 113–50. http://dx.doi.org/10.7202/1021212ar.
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The Arctic region is in crisis from the effects of climate change. The impacts of climate change pose a particular threat to Arctic indigenous communities. Because of the disproportionate impacts of climate change, these indigenous communities are environmental justice communities. Part I of this article discusses how indigenous nations are environmental justice communities and discusses the unique factors that may apply to environmental justice claims arising in Indian country. The article then presents two case studies to explore how, if at all, these concepts have been previously applied to environmental justice claims brought by various Arctic indigenous communities. Part II addresses the Inuit Circumpolar Conference’s petition to the Inter-American Commission on Human Rights. Part III considers the Native Village of Kivalina’s lawsuit against numerous private emitters of greenhouse gases. These case studies underscore the failure of international and domestic forums’ consideration of the special situation of Arctic indigenous peoples as environmental justice communities.
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Keller, Seline, and Basil Bornemann. "New Climate Activism between Politics and Law: Analyzing the Strategy of the KlimaSeniorinnen Schweiz." Politics and Governance 9, no. 2 (April 28, 2021): 124–34. http://dx.doi.org/10.17645/pag.v9i2.3819.
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Since 2016, a group of senior women organized in the association KlimaSeniorinnen Schweiz have been trying to legally force the Swiss government to take stronger climate protection measures. Parallel to the pursuit of a climate lawsuit, the KlimaSeniorinnen have developed into a growing social movement that is present in the media and participates in the public debate on climate change. Building on this specific climate litigation case, the present article analyzes the strategy formation of new actors in the field of climate governance. Based on existing concepts of social movement research, the strategy formation of the KlimaSeniorinnen is reconstructed in terms of a strategic actor who pursues certain strategic orientations in given strategic contexts. The empirical analysis of the strategic context (by means of opportunity structures), the strategic orientations (via collective action frames), and the strategic actor (by means of interviews) shows a double strategy. On the one hand, the KlimaSeniorinnen attempt to address a specific legal opportunity structure with an ‘injustice frame,’ which emphasizes human rights and the special vulnerability of older women to intense heat waves. On the other hand, they want to mobilize public support for an ambitious climate policy by additionally promoting a ‘grandchildren frame,’ which articulates altruistic values, such as responsibility towards future generations. Based on this analysis, both practical implications and consequences for future research on a new climate politics, which is increasingly taking shape between and across different arenas, are discussed.
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Zuhir, Mada Apriandi, Febrian Febrian, Murzal Murzal, and Ridwan Ridwan. "Exercising No Harm Rule: Claims for Damage and Loss Due Climate Change Effects." Sriwijaya Law Review 6, no. 1 (January 31, 2022): 174. http://dx.doi.org/10.28946/slrev.vol6.iss1.1646.pp174-188.
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The act of utilising all the resources owned by a state, including natural resources, is the right of every state. However, its use is prohibited if it causes harm to other states. This is then referred to as the principle of no harm rule in international law. Therefore, each state is responsible not for causing damage to other States' environments or areas outside the limits of its jurisdiction. This article will analyse the development of the no harm rules and its application model for claiming state responsibility. As normative research, it used secondary data as the main data, and the primary, secondary and tertiary legal materials were analysed qualitatively. In discussion, this principle has long existed as customary international law to mitigate transboundary pollution. In the case of the environment in general, many studies have applied this principle. However, due to the uniqueness of the climate change issue, evidence and proof of the impacts caused cannot be used as the basis for a lawsuit like ordinary environmental cases. Based on the discussion and simulation conducted, it is concluded that the no harm rules principle can be applied to climate change issues. However, this principle is not satisfactory and has limitations in its application.
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Smith, Don C. "‘No ordinary lawsuit’: will Juliana v United States put the judiciary at the centre of US climate change policy?" Journal of Energy & Natural Resources Law 36, no. 3 (July 2, 2018): 259–64. http://dx.doi.org/10.1080/02646811.2018.1482131.
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Lee, Hyeong-Seok, and In-Mi So. "Study on the Climate Change Lawsuit and Policy in the United States of America - Focusing on the Judgment in the Supreme Court -." Wonkwang University Legal Research Institute 33, no. 2 (June 30, 2017): 121–46. http://dx.doi.org/10.22397/wlri.2017.33.2.121.
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The Editors. "Notes from the Editors, June 2016." Monthly Review 68, no. 2 (May 31, 2016): 2. http://dx.doi.org/10.14452/mr-068-02-2016-06_0.
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buy this issueOn April 8, 2016, in what has already become a historic case on the climate, Magistrate Judge Thomas Coffin of the United States District Court of Oregon ruled against a motion to dismiss, in favor of the youthful plaintiffs in the Children's Trust lawsuit (Kelley Cascade Rose Juliana, et al. v. United States of America, et al.) and against the defendants, consisting of the federal government and the fossil-fuel industry. The twenty-one young people constituting the principal plaintiffs, ranging in age from 8 to 21, insist that the federal government has an obligation to protect the climate for the future on their behalf under the public trust doctrine, based on the fifth and ninth amendments to the U.S. Constitution. They claim, as stated in Coffin's ruling, that "government action and inaction…threatens catastrophic consequences".… The plaintiffs in the suit also include climatologist James Hansen, as a guardian for future generations.… The defendants' argument to dismiss was directed principally at what they contended were limits on the federal government's public trust responsibility. It thus turned on whether the United States was obligated simply to follow capitalist precepts with respect to the natural-physical environment, or whether the government had a public trust to maintain the environment for the population and for future generations, going beyond the rules of the market.Click here to purchase a PDF version of this article at the Monthly Review website.
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Freng Dale, Ragnhild. "Er det bare teater?" Peripeti 16, S8 (December 2, 2019): 56–69. http://dx.doi.org/10.7146/peri.v16is8.117595.
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Norges første klimasøksmål foregikk for åpen scene i Oslo tingrett i 2017, og skapte intens debatt om hvorvidt miljøsaker hører hjemme i en rettssal. Regjeringsadvokaten kalte forestillingen en «miljøpolitisk forestilling», mens andre aktører skrev at rettssalen også er en scene, tydeliggjort gjennom iscenesettelsen av Århundrets rettssak som forestilling i regi av Morten Traavik. Denne artikkelen diskuterer vekselvirkningene og friksjonen mellom saksøkerne, petroleumsinteressene og rettssalen og undersøker hvordan skillet mellom kunst og teater flyttet seg underveis i prosessen.
Norway’s first climate lawsuit took place in the Oslo District Court in 2017. As a public event, it created an intense debate over whether environmental issues belong in a courtroom. The Attorney General called it an ‘environmental-political performance’. Others pointed out that the courtroom is also a stage, which was further highlighted by Trial of the Century, a staging of the courtcase by the Norwegian director and theatremaker Morten Traavik. This article discusses the interactions and frictions between the plaintiffs, the petroleum interests and the courtroom events, and highlights the shifting boundaries between art and reality.
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Mashdurohatun, Anis, and Adriyanto Adriyanto. "PERLINDUNGAN HUKUM TERHADAP MEREK BATIK DI KOTA PEKALONGAN DALAM MENYONGSONG ASEAN ECONOMIC COMMUNITY 2015." Jurnal Pembaharuan Hukum 1, no. 2 (August 1, 2014): 132. http://dx.doi.org/10.26532/jph.v1i2.1463.
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In the facing of the ASEAN Economic Community 2015, the Legal Protection of batik brand in Pekalongan plays a very important and requires a more adequate regulatory system. Free trade globalization can only be maintained by maintaining a healthy climate for business competition. The demand for legal protection of batik brand is growing rapidly as the number of people who plagiarized brand of batik. One brand that needs to be protected is the batik brand of Pekalongan as the largest industrial centers of batik in Indonesia. The methods of This research uses empirical juridical approach to the specification of descriptive analytical study which the author tries to explain the preparation of batik pekalongan society Towards the ASEAN Economic Community in 2015. So far if there is a dispute in the brand of batik fairly resolved peacefully and families, but in the case of infringement of trademark of batik, then the holder of legitimate trademark rights can be conduct civil or criminal action lawsuit to court, or can be resolve by arbitration as an alternative, such as regulated in Act No. 30 of 1999 on Arbitration and alternative dispute resolution.