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characteristics of international aviation and its fragmented regulation, it appears natural that, in a time of growing importance of climate litigation, plaintiffs have also challenged the aviation industry and the relevant applicable policies and laws. This article aims to analyse specific climate litigation

In: Chinese Journal of Environmental Law

1 Introduction Climate change continues to dominate headlines around the globe. 1 Climate litigation, in response to climate change, 2 is increasing globally 3 and being used as a mechanism 4 to develop law and enforce rights by relying on a combination of fundamental rights. 5 This

In: Chinese Journal of Environmental Law
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1 Introduction * While the uptake of climate litigation throughout the world has been relatively sparing, 1 a substantial proportion of the cases brought in national courts—especially in the ‘first wave’ of climate litigation 2 —has involved challenges to decisions made under environmental

In: Climate Law

It should be noted that the term ‘climate litigation’ in this article takes a broader definition to include cases in which climate change or enforcement of climate action may not be the core point of dispute but the issue is raised by the plaintiffs with the intention to prevent the adverse effects

Open Access
In: Chinese Journal of Environmental Law

1 Introduction Climate litigation continues to grow in both number and types of actions all over the world, and Latin America is no exception. 1 In recent years, cases with an explicit focus on climate change, its impact, or the laws and policies designed to address it have proliferated in

In: Chinese Journal of Environmental Law

1 Introduction The urgency of the climate crisis is casting an increasingly ominous shadow over many aspects of society and life. This makes climate litigation more urgent than ever. In the relentless march towards a warming world, where the global thermometer has already ascended to 1.1°C

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In: Chinese Journal of Environmental Law
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against ‘climate sinners’ (see infra, C.) but has also stirred up the banking industry. The news channel ntv suggested that the financing of ‘climate sinners’ could become the ‘Dieselgate’ of banks, 17 and the Deutsche Bank ag reflected on how to avoid climate litigation against banks. 18 In 2019

In: European Journal of Comparative Law and Governance
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Abstract

In recent years, constitutional courts and supreme courts have handed down important decisions on (potentially) insufficient climate protection regulation. This article analyses the climate decision of the German Federal Constitutional Court and discusses its application to biodiversity protection. It shows that despite of clarifications related to the State’s constitutional duty to protect citizens, including future generations, against the risks of climate change, the application of the decision to other urgent environmental problems remains unclear. The German standard of review grants the legislator considerable leeway in case of remaining scientific uncertainty and still relies on a clear quantification of protection needs. In contrast, the Urgenda ruling of the Dutch Supreme Court shows the way how in case of scientific uncertainty (potentially insufficient) environmental protection can be judicially reviewed while safeguarding the margin of appreciation of the legislator at the same time.

In: European Journal of Comparative Law and Governance

to adverse effects, where a risk of litigation hinders voluntary commitments. Section 6 concludes that the growing body of climate change litigation presents an opportunity for legal actors to consider extending tort doctrine to address the problem of climate change. 2 Climate Litigation on a

In: Climate Law
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research is funded by the Research Foundation – Flanders, Belgium, file number: 76473. 1 Joana SETZER and Catherine HIGHAM, ‘Global Trends in Climate Change Litigation: 2022 Snapshot’ (2023) Policy Report 11. 2 For example, Jacqueline PEEL and Jolene LIN, ‘Transnational Climate Litigation: The

Open Access
In: Chinese Journal of Environmental Law