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Climate litigation in the Global South: constraints and innovations

Setzer, Joana and Benjamin, Lisa (2019) Climate litigation in the Global South: constraints and innovations. Transnational Environmental Law. ISSN 2047-1025 (In Press)

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Abstract

Cases involving climate change have been litigated in the courts for some time, but new directions and trends have started to emerge. While the majority of climate litigation has occurred in the United States and other developed countries, cases in the Global South are growing both in terms of quantity and the quality of their regulatory outcomes. However, so far climate litigation in the Global South has received scant attention from the literature. We argue that climate litigation in the Global South opens up avenues for progress on climate change in these highly vulnerable countries. We first highlight capacity constraints within Global South countries to provide context to the approach to climate litigation in the Global South – how these cases push the climate litigation agenda forward by linking climate change and human rights, and often addressing climate change indirectly, integrating it into other environmental matters in spite of the significant constraints experienced in these countries. We then identify two factors that are contributing to this increased activity and initial positive outcomes: judges willing to engage with policy making; as well as procedural mechanisms in these countries which, combined with regulatory advantages such as environmental constitutional provisions, pave the way to innovative climate litigation outcomes.

Item Type: Article
Additional Information: © 2019 Cambridge University Press
Divisions: Grantham Research Institute
Geography & Environment
Subjects: G Geography. Anthropology. Recreation > GE Environmental Sciences
Date Deposited: 17 Jul 2019 16:42
Last Modified: 15 Aug 2019 23:10
URI: http://eprints.lse.ac.uk/id/eprint/101182

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