Book contents
- Reviews
- International Judicial Practice on the Environment
- Studies on International Courts and Tribunals
- International Judicial Practice on the Environment
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Table of Cases
- Introduction International Courts and the Environment: the Quest for Legitimacy
- Part I Procedural Legitimacy of Judicial Environmental Practice: Access to Justice
- Part II Legitimacy and Scientific Certainty: Environmental Adjudication, Use of Experts and the Limits of Science
- Part III Judges as Law-Makers: Legitimate Development of Environmental Law
- 6 Sustainable Development before International Courts and Tribunals: Duty to Cooperate and States’ Good Faith
- 7 The Paris Agreement: New Legal Avenues to Support a Transboundary Harm Claim on the Basis of Climate Change
- 8 The Court of Justice of the European Union and the High Level of Environmental Protection: Transforming a Policy Objective into a Concept Amenable to Judicial Review
- Part IV Legitimacy of Outcomes: Performance, Effects (and Side-Effects)
- Part V The Legitimacy of Non-Compliance Procedures
- Part VI The Limits of Environmental Justice through Courts: Balancing Legitimacy with the Need for Creativity
- Index
7 - The Paris Agreement: New Legal Avenues to Support a Transboundary Harm Claim on the Basis of Climate Change
from Part III - Judges as Law-Makers: Legitimate Development of Environmental Law
Published online by Cambridge University Press: 15 April 2019
By
Edited by
Book contents
- Reviews
- International Judicial Practice on the Environment
- Studies on International Courts and Tribunals
- International Judicial Practice on the Environment
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Table of Cases
- Introduction International Courts and the Environment: the Quest for Legitimacy
- Part I Procedural Legitimacy of Judicial Environmental Practice: Access to Justice
- Part II Legitimacy and Scientific Certainty: Environmental Adjudication, Use of Experts and the Limits of Science
- Part III Judges as Law-Makers: Legitimate Development of Environmental Law
- 6 Sustainable Development before International Courts and Tribunals: Duty to Cooperate and States’ Good Faith
- 7 The Paris Agreement: New Legal Avenues to Support a Transboundary Harm Claim on the Basis of Climate Change
- 8 The Court of Justice of the European Union and the High Level of Environmental Protection: Transforming a Policy Objective into a Concept Amenable to Judicial Review
- Part IV Legitimacy of Outcomes: Performance, Effects (and Side-Effects)
- Part V The Legitimacy of Non-Compliance Procedures
- Part VI The Limits of Environmental Justice through Courts: Balancing Legitimacy with the Need for Creativity
- Index
Summary
Launching an international transboundary harm claim on the basis of climate change and the principles of state responsibility presents substantial challenges in jurisdiction, jurisprudence and availability of compelling evidence to prove attribution and causation. This chapter assesses the extent to which the Paris Agreement provides new avenues through which to support a transboundary harm claim on the basis of climate change. It concludes that the Agreement enhances the prospect of such a claim, in terms of both applicable legal obligations and the coordination of compelling evidence.
- Type
- Chapter
- Information
- International Judicial Practice on the EnvironmentQuestions of Legitimacy, pp. 188 - 211Publisher: Cambridge University PressPrint publication year: 2019