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Legal Steps Outside the Climate Convention: Litigation as a Tool to Address Climate Change

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Abstract:

This article examines the recent academic interest in litigation as a tool to address climate change, as well as the surge of legal actions worldwide to bring the problem to the attention of judiciaries. This new interest reveals the frustration of legal scholars and activists at the slow rate at which policy makers are addressing the climate change problem. This article shows the slow build-up of academic interest in litigation, before moving on to analyse the kinds of legal causes of action that are being used in different parts of the world. Most of these cases have not been fully resolved, and it is more than likely that the judgments may not always be favourable to the plaintiffs, but at least a first step has been made to involve yet another forum for addressing the climate change problem.

Document Type: Research Article

DOI: https://doi.org/10.1111/j.1467-9388.2007.00541.x

Affiliations: Vrije Universiteit Amsterdam and UNESCO-IHE Institute for Water Education in Delft

Publication date: 2007-04-01

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