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19 - The International Court of Justice Facing the Existential Threat of Climate Change

What Legal Questions and for Whom?

from Part II - Designing Effective Governance Mechanisms

Published online by Cambridge University Press:  aN Invalid Date NaN

Ottavio Quirico
Affiliation:
University of New England, University for Foreigners of Perugia and Australian National University, Canberra
Walter Baber
Affiliation:
California State University, Long Beach
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Summary

This chapter maintains that the International Court of Justice (ICJ) may usefully intervene in the complex and multifaceted litigation that has developed before national and international tribunals, as well as human rights treaty bodies, concerning national climate policies adopted to implement international obligations. By considering the rationale and nature of climate litigation, the chapter seeks to point out what international law rules the ICJ should take into account (especially clarifying their existence and scope) in order to make a real contribution to national and international jurisprudence.

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Implementing Climate Change Policy
Designing and Deploying Net Zero Carbon Governance
, pp. 301 - 312
Publisher: Cambridge University Press
Print publication year: 2024

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