Transnational Climate Litigation: The Contribution of the Global South

Peel, Jacqueline; Lin, Jolene

doi:10.1017/ajil.2019.48

Cited by 78 publications

(57 citation statements)

References 11 publications

(8 reference statements)

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“…The next Copenhagen summit was held in 2009, which recognized the Kyoto Protocol as ineffective. The Copenhagen agreement provides for global warming to be contained within 2°C in the 21st century through the transition to new, environmentally friendly technologies, renewable energy sources, and through existing market-based emission reduction mechanisms foreseen in the Kyoto Protocol (Peel, Lin, 2019). In 2015, the Paris Agreement was adopted in the framework of the UN Framework Convention on Climate Change on the regulation of carbon dioxide emission reduction measures till 2020, which came into force in November 2016 and actually replaced the Kyoto Protocol, in contrast to which all states are responsible for reducing emissions into the atmosphere, regardless of their degree of economic development (Bouwer, 2018;Setzer, Byrnes, 2019).…”

Section: Introductionmentioning

confidence: 99%

Stringency of environmental regulations vs. global competitiveness: Empirical analysis

Козюк

Hayda

Dluhopolskyi

et al. 2019

Economics &Amp; Sociology

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The article focuses on assessing the global competitiveness of countries in the context of their environmental regulatory stringency. The article analyzes the views of scientists on the need to slow down economic growth and transition to stable economy, the relationship between economic growth and environmental changes in the form of environmental Kuznets curve, as well as environmental policy instruments along with the degree of their stringency. The authors put forward and confirm the hypothesis that the quality of institutions and the value assessment of environmental goods directly affect the competitiveness of national economies, regardless of environmental stringency. A comprehensive statistical analysis of the perennial indices of global competitiveness, environmental performance and stringency of environmental regulations on a large sample of countries confirms the hypothesis that significant stringency of environmental regulations in welfare states can be internalized and that their global competitiveness remains high against the background of high-quality environmental goods.

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Section: Introductionmentioning

confidence: 99%

Stringency of environmental regulations vs. global competitiveness: Empirical analysis

Козюк

Hayda

Dluhopolskyi

et al. 2019

Economics &Amp; Sociology

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“…In a working paper, Peel and Lin () identify a number of key characteristics of climate cases in the Global South. Some are similar to those observed in the Global North, for instance, the reliance on constitutional rights or human rights claims, and the use of litigation to compel governments to implement and enforce existing policies for mitigation and adaptation.…”

Section: Overview Of the Literature On Climate Change Litigationmentioning

confidence: 99%

“…A smaller number of scholars have engaged in doing comparative studies between these jurisdictions (Okonkwo, ; Peel et al, ; Peel & Osofsky, ; Schatz, ; Vanhala, ). But, once again, while the number of legal cases in the Global South has been growing in quantity and importance (e.g., Pakistan, India, the Philippines, South Africa, Colombia, and Brazil), these are yet to receive much scholarly attention (but see Peel & Osofsky, ; Peel & Lin, ). Some scholars have explicitly called for increased attention to trends outside of the U.S. context (Lin, ; Setzer & Bangalore, ; Vanhala, ; Wilensky, ) and there is also a need for more scholarship on litigation (or lack thereof) in civil law jurisdictions outside of Europe and in authoritarian regimes.…”

Section: Overview Of the Literature On Climate Change Litigationmentioning

confidence: 99%

Climate change litigation: A review of research on courts and litigants in climate governance

Setzer

Vanhala

2019

WIREs Climate Change

105

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Studies of climate change litigation have proliferated over the past two decades, as lawsuits across the world increasingly bring policy debates about climate change mitigation and adaptation, as well as climate change-related loss and damage to the attention of courts. We systematically identify 130 articles on climate change litigation published in English in the law and social sciences between 2000 and 2018 to identify research trajectories. In addition to a budding interdisciplinarity in scholarly interest in climate change litigation we also document a growing understanding of the full spectrum of actors involved and implicated in climate lawsuits and the range of motivations and/or strategic imperatives underpinning their engagement with the law. Situating this within the broader academic literature on the topic we then highlight a number of cutting edge trends and opportunities for future research. Four emerging themes are explored in detail: the relationship between litigation and governance; how time and scale feature in climate litigation; the role of science; and what has been coined the "human rights turn" in climate change litigation. We highlight the limits of existing work and the need for future research-not limited to legal scholarship-to evaluate the impact of both regulatory and antiregulatory climate-related lawsuits, and to explore a wider set of jurisdictions, actors and themes. Addressing these issues and questions will help to develop a deeper understanding of the conditions under which litigation will strengthen or undermine climate governance. This article is categorized under: Policy and Governance > Multilevel and Transnational Climate Change Governance K E Y W O R D S climate change litigation, climate governance, climate lawsuits, regulation 1 | INTRODUCTIONCourts are playing an increasingly visible role in policy debates about climate change mitigation and adaptation, as well as climate change-related loss and damage. 1 Lawsuits addressing the causes and consequences of climate change-such as the expansion of airports, the reliance on coal-powered energy and the climate-related erosion of the habitats of endangered species-are increasingly apparent in national courts, and scholars even see a potential role for international tribunals to address climate harms (e.g., Bodansky, 2017;Sands, 2016). This article is, to our knowledge, the first to systematically review key literature on climate change litigation over the last 20 years. We build on this to identify new horizons for a forward-

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“…3 Examining Peel and Lin's list of climate change cases taking place in the Global South, most of the countries in which litigation has been brought are among the most significant total emitters of carbon dioxide in the Global South and major global emitters. The countries with litigation highlighted in the article (sorted by emissions rank in world) include India (3), Indonesia (12), Brazil (13), South Africa (14), Pakistan (31), the Philippines (37), Nigeria (39), Colombia (45), Ecuador (69), and Uganda (126). 4 All but two of them are in the top fifty emitters globally, and four of them are in the top fifteen.…”

Section: The Geography Of Countries With Climate Change Litigationmentioning

confidence: 99%

The Geography of Emerging Global South Climate Change Litigation

Osofsky

2020

AJIL Unbound

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Jacqueline Peel and Jolene Lin make an important contribution to the climate change litigation literature through their analysis of emerging climate change litigation in the Global South. Their article provides insights into patterns in that litigation and implications for how the cases may fit into transnational climate change governance. As Peel and Lin discuss, context matters greatly in establishing pathways for climate change litigation and determining regulatory impact. They acknowledge that the countries that they study as a group have significant differences among them and that these differences influence how this litigation is emerging. However, their article largely focuses on differences in legal systems and available legal mechanisms. This essay builds upon their article by considering how the geography of climate change interacts with this emerging litigation.

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Transnational Climate Litigation: The Contribution of the Global South

Cited by 78 publications

References 11 publications

Stringency of environmental regulations vs. global competitiveness: Empirical analysis

Stringency of environmental regulations vs. global competitiveness: Empirical analysis

Climate change litigation: A review of research on courts and litigants in climate governance

The Geography of Emerging Global South Climate Change Litigation

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