Regulating climate change in the courts

Joana Setzer and Mook Bangalore

Chapter 9 in Trends in Climate Change Legislation, 2017, pp 175-192 from Edward Elgar Publishing

Abstract: Chapter 9 relates climate legislation, which is passed by parliaments, to climate litigation, which is pursued through the courts. Using data from 25 countries, the chapter documents how the judiciary is playing an increasingly active role in climate policy, both complementing and in some cases substituting for national legislation. The majority of climate litigation cases fall into one of three categories. In the first category, climate change is at the periphery of the argument. A second category of cases deals with administrative matters related to specific projects. Only in the third category are climate change concerns at the core of the case, and these cases divide equally into lawsuits oriented towards climate policies and legislation, information and disclosure, and loss and damage. Looking at the outcomes of litigation cases, the chapter finds that the courts have so far tended to enhance, rather than curtail, climate change regulation, confirming the important role of courts in regulating climate change.

Keywords: Economics and Finance; Environment; Law - Academic (search for similar items in EconPapers)
Date: 2017
References: Add references at CitEc
Citations: View citations in EconPapers (4)

Downloads: (external link)
https://www.elgaronline.com/view/9781786435774.00019.xml (application/pdf)
Our link check indicates that this URL is bad, the error code is: 503 Service Temporarily Unavailable

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:17582_9

Ordering information: This item can be ordered from
http://www.e-elgar.com

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Darrel McCalla ().