Judicial Resources and the Public Trust Doctrine: A Powerful Tool of Environmental Protection?

Oakes, Anne Richardson

doi:10.1017/s2047102518000213

Cited by 4 publications

(2 citation statements)

References 9 publications

(5 reference statements)

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“…130 According to this doctrine, the state is the natural guardian of nature and should conduct itself in the manner of preserving the re-sources for the betterment of the people. 131 In the Rohtang Pass case 132 in India, for example, the public trust doctrine required the court to order the government to address the pollution crisis. The public trust doctrine prominently featured in four other Global South cases -Pandey v. India, 133 Ali v. Pakistan, 134 and the Carbon Majors.…”

Section:  P T D  P T Dmentioning

confidence: 99%

Climate Change Litigation: Chronicles from the Global South. A Comparative Study

Kavuri

Ramanathan

2022

CLR

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The battles against climate change are being fought at the international level; on the domestic front; on the streets and in the courts. Climate change litigation is one such effort. The global expansion in climate litigation gives substance to claims of a transnational climate justice movement that casts courts as important players in shaping multilevel climate governance. Climate change litigants, lawyers, and judges of one country are taking their cue from their counterparts in other countries. However, only the efforts of the Global North have received prominence. The rest of the world is slated to be sleeping silently. The authors aim to de-bunk this myth. In doing so, the authors endeavour to highlight important contributions by the Courts in the Global South in furthering the jurisprudence of climate change litigation.

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Section:  P T D  P T Dmentioning

confidence: 99%

Climate Change Litigation: Chronicles from the Global South. A Comparative Study

Kavuri

Ramanathan

2022

CLR

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“…In common law countries, such as the U.S., ecological harms have been mainly addressed by using the doctrines of Public Trust and Nuisance. The core idea is that present generations hold the natural resources "in trust for future generations" and, therefore, they are the main duty bearers for the sustainable use of the environment as a public good [52,169,170]. In Europe, as it has been mentioned, public interest litigation is the main way human rights litigation is greening.…”

Section: From the Anthropocentric Perspective Of The Ungps And The Sdgs Towards The Eccentric Approach To Claim Rights Of Ecosystemsmentioning

confidence: 99%

The UNGPs on Business and Human Rights and the Greening of Human Rights Litigation: Fishing in Fragmented Waters?

Lizarazo-Rodríguez

2021

Sustainability

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This article is written around the time a Dutch court ordered the corporate group Shell to cut its carbon emissions by 2030. The aim of the article is to contribute to the conceptualisation of the phenomenon this judgement unveils in terms of greening human rights litigation supported by the United Nations Guiding Principles on Business and Human Rights (UNGPs). It addresses, firstly, how claiming the protection of the Earth before courts is occurring in a highly fragmented legal, economic and social context as a way to overcome the multiple obstacles flagged by the literature on the UNGPs. Secondly, it assesses how human rights litigation seeking global justice has evolved in waves with common trends, such as activism from social actors and courts that rely on arguments based on progressive soft law. Thirdly, it identifies two trends in the current wave of green litigation: the anthropocentric perspective that claims the protection of the Earth in the public interest and the ecocentric perspective that claims autonomous rights for Mother Earth. Finally, the article flags some gaps in this third wave of human rights litigation, particularly the risk of disregarding the third pillar of the UNGPs: access to an effective remedy for marginalised communities that are not aware of these ongoing developments.

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Principles of Property Law

Clarke

2020

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Judicial Resources and the Public Trust Doctrine: A Powerful Tool of Environmental Protection?

Cited by 4 publications

References 9 publications

Climate Change Litigation: Chronicles from the Global South. A Comparative Study

Climate Change Litigation: Chronicles from the Global South. A Comparative Study

The UNGPs on Business and Human Rights and the Greening of Human Rights Litigation: Fishing in Fragmented Waters?

Principles of Property Law

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