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18 - Private Climate Litigation

Enforcing Corporate Climate Responsibility through Dispute Resolution? A Taxonomy

from Part II - Designing Effective Governance Mechanisms

Published online by Cambridge University Press:  22 November 2024

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

For aboot 30 years, international climate change law and policy has relied on States to collectively address anthropogenic climate change at the intergovernmental level under the UNFCCC framework. Operating beyond the reach of international law, corporations and other non-state actors have largely remained unaffected by the UNFCCC regime. Meanwhile, global greenhouse gas emissions continue to reach record levels each year and are projected to increase further. Frustrated with the lack of progress, interested groupshave turned to the judiciary. Climate change litigation is primarily occurring in the public sphere but, increasingly, lawsuits are also being directed against large heavy-emitting corporate actors and, in some cases, the directors and officers of these companies. This chapter gives a brief overview of the growing phenomenon of Private Climate Litigation (PCL), by first introducing the underlying rationale of PCL, then offering a definition for it, identifying certain main characteristics of PCL and finally offering brief observations concerning whether PCL can be viewed as a tool to implement climate policies.

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Implementing Climate Change Policy
Designing and Deploying Net Zero Carbon Governance
, pp. 287 - 300
Publisher: Cambridge University Press
Print publication year: 2024

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  • Private Climate Litigation
  • Edited by Ottavio Quirico, University of New England, University for Foreigners of Perugia and Australian National University, Canberra, Walter Baber, California State University, Long Beach
  • Book: Implementing Climate Change Policy
  • Online publication: 22 November 2024
  • Chapter DOI: https://doi.org/10.1017/9781009341493.019
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  • Private Climate Litigation
  • Edited by Ottavio Quirico, University of New England, University for Foreigners of Perugia and Australian National University, Canberra, Walter Baber, California State University, Long Beach
  • Book: Implementing Climate Change Policy
  • Online publication: 22 November 2024
  • Chapter DOI: https://doi.org/10.1017/9781009341493.019
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Private Climate Litigation
  • Edited by Ottavio Quirico, University of New England, University for Foreigners of Perugia and Australian National University, Canberra, Walter Baber, California State University, Long Beach
  • Book: Implementing Climate Change Policy
  • Online publication: 22 November 2024
  • Chapter DOI: https://doi.org/10.1017/9781009341493.019
Available formats
×