Two Reputed Allies: Reconciling Climate Justice and Litigation in the Global South
- Climate litigation in the Global South is a novel and increasingly prominent phenomenon that prompted a first wave of scholarly work examining and systematizing its main features. Despite the rigour that these academic accounts apply to assessing the main legal arguments of both litigants and courts, they fail to address the possible tensions between climate justice and the consequences of a domestic court decision in developing nations that did not substantially contribute to the climate crisis. This piece aims to fill that gap by using case law from the Global South to examine challenges around remedies, which will underscore the tensions between climate justice and litigation. Thereafter, this piece, drawing from international norms, advocates for the recognition of a duty of international cooperation, which can inform future courts’ orders in climate cases in both the Global North and the Global South. This normative exercise provides the basis to reconcile climate litigation in the Global South with climate justice, two reputed allies.
Document Type: | Part of a Book |
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Language: | English |
Author(s): | Juan Auz |
Parent Title (English): | Litigating the Climate Emergency: How Human Rights, Courts, and Legal Mobilization Can Bolster Climate Action |
Publisher: | Cambridge University Press |
Publication year: | 2022 |
Publishing Institution: | Hertie School |
First Page: | 145 |
Last Page: | 156 |
DOI: | https://doi.org/10.1017/9781009106214.009 |
ISBN: | 9781009106214 |
Release Date: | 2022/12/13 |
Hertie School Research: | Centre for Fundamental Rights |
Licence of document (German): |