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Climate change litigation in the Global South: filling in Gaps

Setzer, Joana and Benjamin, Lisa (2020) Climate change litigation in the Global South: filling in Gaps. AJIL Unbound, 114. pp. 56-60. ISSN 2398-7723

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Identification Number: 10.1017/aju.2020.6

Abstract

New scholarship has identified trends, constraints, and opportunities for climate litigation in the Global South. While countries in the Global South tend to experience a lack of capacity within government agencies, civil society, and the judiciary, the Global South is not a homogenous group. Where climate litigation has been identified, the judiciary is often implementing government policy prescriptions in the absence of detailed climate legislation or filling enforcement gaps. But there are also a number of countries where climate litigation is not taking place or where gaps exist between ongoing litigation and traditional definitions of climate litigation. The scholarship is yet to further explore the relationship between climate legislation and litigation in the Global South, in particular in circumstances where ripe policy and legislative conditions for climate litigation exist. Taking into account different regional and national experiences, this essay explores that relationship.

Item Type: Article
Official URL: https://www.cambridge.org/core/journals/american-j...
Additional Information: © 2020 The Author(s)
Divisions: Grantham Research Institute
Geography & Environment
Subjects: K Law
Date Deposited: 26 Feb 2020 14:21
Last Modified: 16 Oct 2020 11:21
URI: http://eprints.lse.ac.uk/id/eprint/103569

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