Index
accountability
carbon majors, ,
attributing emissions,
deforestation, 263
lack of damaging narratives,
private parties,
adequacy of efforts to reduce emissions. See assessment of climate change policies; failure to adequately mitigate
administrative due process claims, 127
administrative law cases, 120,
airport expansion, 124
climate litigation currents,
coal power stations, development of, 124
precedents,
Africa
balancing development and environmental rights,
failures of legal systems,
Indigenous peoples’ movements,
inequalities and injustices,
Alaska Inter-Tribal Council (AITC)
global warming, impact on Indigenous peoples, 282
Alston, Philip,
Amazon (corporation)
corporate liability for climate change, 139
assessment of climate change policies
“all appropriate measures”, 171
consistency, 173
due process, 173
good faith, 173
“highest possible ambition”, 171
“maximum available resources”, 172
proportionality, 173
attribution research, , 238
failure-to-adapt claims,
failure-to-mitigate claims,
individual versus collective rights,
source attribution,
Australia,
administrative climate litigation
Bushfire Survivors case. See Bushfire Survivors for Climate Action Incorporated v. Environment Protection Authority
Gloucester Resources Limited case, 328
Gray case, 328
Greenpeace Australia case, 124
National Environmental Policy Act, 124
visual evidence, importance of,
Bangladesh
climate change inequalities, , 144
baseline rights and duties
common ground doctrine,
bioenergy with carbon capture and storage (BECSS), 185
Brazil
challenges to environmental policy,
“direct” climate actions, 355
environmental and climate crisis
criminalization of environmental activism, 349
human rights defenders,
illegal drainage of mangrove forests,
illegal use of fire, 358
“indirect” climate actions, 355,
“isolated” court actions, 355
public civil actions,
racial inequalities
disproportionate impacts of climate change, , 363
release of carbon dioxide, 358
“structural” court actions, 355
Bushfire Survivors for Climate Action Incorporated v. Environment Protection Authority,
Canada
forced displacement as a result of climate change, 226
public interest standing, 316
wildfires, 227
carbon majors, 2
advancements in climate science, 209
aims of litigation, 210
attributing source emissions, 250
attribution
accountability, , 251
direct financial impacts of litigation
defendants, 215
direct regulatory impacts of litigation, 214
indirect financial impacts of litigation
devaluation of shares,
increasing capital costs, 216
investors, 216
liability insurance, 216
indirect regulatory impacts of litigation, 215
land lost to sea level rises, 251
number of cases, 209
production gap, 321
public nuisance, 211
strategic litigation, 208
tort law, 211
causality and human rights–based climate litigation, 15, 36, 308
asbestos litigation, 314
attribution research, 224
failure-to-adapt claims,
Fairchild principle,
liability model of responsibility, 36
wildfire litigation, 227
Center for Climate Crime Analysis (CCCA), 256, 260
cooperation, 265
core principles,
illegal logging and deforestation, 265
children’s rights, 142, 224. See also Future Generations v. Colombia; Juliana v. United States; ICCPR complaint; UN Committee on the Rights of the Child; UN Convention on the Rights of the Child
civil law cases,
claims against corporations, 16, 35, 120,
Amazon (corporation), 139
corporate veil, 362
strategic litigation, 99
ClientEarth, , 212
Climate Accountability Institute, 249
Climate Action and Low Carbon Development Act 2015 (Ireland),
Climate Action Tracker (CAT), 341
Climate Change Act 2016 (Kenya), 382
Climate Change Act 2017 (Pakistan),
Climate Change Advisory Council (Ireland), 305
climate justice
disproportionate impacts of global warming,
political inequalities, ,
racial inequalities, , , 363
wealth versus poverty, , ,
women,
ethics and moral responsibility,
Climate Litigation Accelerator (CLX), 5
Climate Warrior Campaign (India), 374
Colombia
deforestation in the Amazon region, 350
incorporation of human rights arguments, 102. See also deforestation; Future Generations v. Colombia
Committee on the Elimination of Discrimination against Women (CEDAW)
common ground as a baseline for human rights claims,
corporate veil, 362
criminal and corporate liability law cases, 120
dam construction
Narmada Bachao Andolan case, 370
dam disasters, 236,
deforestation, 13, 99
cattle ranching, impact of, 2
Center for Climate Crime Analysis, 265
foreign enforcement targeting illegal commodities,
foreign enforcement, lack of information for, 264
Intergovernmental Panel on Climate Change, 262
link to other illegal activities, 263
disillusionment with multilateral processes, 101
diversity of legal actions
range of acts, policies, and practices, 98
range of legal principles, 98
range of parties, 98
drug dealer defense
market substitution assumption,
Duarte Agostinho v. Portugal
minimum fair share norm, 31
Earthlife Africa Johannesburg v. Minister of Environmental Affairs & Others,
Ecuador
illegal mining operations, . See also Kofan Indigenous People of Sinangoe v. Ecuador Ministry of Mining
emissions reduction plans
assessment of state human rights obligations, 178
CESCR assessment of state human rights obligations
whether avoiding regression,
whether climate plan appropriately ambitious,
whether emissions reductions consistent with human rights, 185
whether progressive increase in ambition,
whether state giving adequate priority to human rights, 181
whether state has taken/is taking all rights-respecting steps,
whether state planning to reduce emissions in line with global target,
challenges
mitigation targets, 18
rights-based challenges, 19
rulings,
specific projects and policies, 19
challenges to corporations, 16
challenges to states, 16,
Family Farmers and Greenpeace Germany case, 168
Juliana case,
Neubauer case, 9
Norwegian Constitution,
reasonable minimum obligation,
enforcement lawsuits,
balancing competing priorities, 257
evidence, 257
inadequate enforcement, 257
lack of coordination, 257
legal competence of courts, ,
technological advancements
information sharing,
environmental impact assessments
obligations of States, 165
People v. Arctic Oil,
strategic litigation, 374
equality-focused climate litigation,
benefits,
proliferation,
Europe
human rights–based climate litigation,
European Convention on Human Rights (ECHR) claims, 305,
prohibition on inhuman or degrading treatment, 336
European Court of Human Rights (ECtHR)
Budayeva and Others v. Russia, 236
common ground doctrine, 25
Duarte Agostinho v. Portugal,
failure-to-adapt claims,
Family Farmers and Greenpeace Germany v. Germany, 168
Kolyadenko v. Russia, 236
Öneryildiz v. Turkey, 236
Six Portuguese Youth v. 33 Governments of Europe, ,
state’s positive obligations in respect of natural disasters, 236
European Court of Justice (CJEU)
duty to carry out environmental impact assessments, 326
evidence
extraction and development projects
failure to adapt
attribution science, 223,
human rights–based climate litigation, lack of, 34
Sacchi case, 225
Shehla Zia case, 391
Fairchild v. Glenhaven Funeral Services,
causation,
Family Farmers and Greenpeace Germany v. Germany, 168
forest-dwelling communities
stewardship rights, , 369,
Framework for Implementation of Climate Change Policy 2014-2030 (Pakistan), 390
Germany, 9
domestic climate litigation
incorporation of human rights arguments, 102
lawyer-activists, 200
Global South
common but differentiated responsibility principle, 151
constitutional and human rights arguments,
development of climate litigation, 146,
enforcement of existing laws,
rights-based claims, prevalence of,
stealthy climate litigation,
implement mitigation projects,
implementation of climate law frameworks,
modes of legal action, ,
remedies in climate cases,
polluter pays principle, 151
reparations for climate-related harms, 149
restitutio in integrum, 150
Gloucester Resources Limited v. Minister for Planning
market substitution assumption, 330
Golder v. United Kingdom, 344
governmental responsibility for adequate mitigation, 128
source attribution, 232, 238See also states’ responsibilities to guarantee protection from climate change-related harms
grassroots activism,
greenhouse gas (GHG) emissions
climate change science,
Neubauer case
insufficient pledges, 9
Urgenda case
insufficient pledges, 9
Greenpeace Australia Ltd v. Redbank Power Co, 124
Guiding Principles on Shared Responsibility
indivisible injury,
human rights–based climate change (HRCC) litigation,
cases (2005–2021), , 22,
“new wave”/”next generation” cases,
post-Paris Agreement,
common ground doctrine,
compatibility of government policies with climate rights and duties,
establishing baseline rights and duties,
justiciability of legal obligations,
pre-Paris Agreement, 10
procedure,
proliferation, 3,
recent key legal challenges,
illegal mining operations
Kofan Indigenous People of Sinangoe case,
impacts of global warming
climate litigation,
disproportionate nature,
gender inequality,
Global South,
political inequality,
poor and marginalized people, ,
international cooperation,
remedies,
India
development policies
balancing environmental protection,
environmental jurisprudence,
land acquisition, 365
non-implementation of environmental laws, 368
standing, 364
strategic litigation
balancing development with environmental protection,
Indigenous peoples’ movements, 1, 226
Baleni case, 385
constitutional obligation to manage shared natural resources,
granting mining rights, 385
illegal mining operations,
illegal oil exploration,
land grabs, 375
public international law cases, 121
rights of forest-dwellers, 372
Torres Strait islanders,
individual rights, 227
Inter-American Court of Human Rights (IACtHR)
failure-to-adapt claims, 237
forms of evidence, 278
Kichwa Indigenous People of Sarayakur case,
Velasquez Rodriguez case, 150
Intergovernmental Panel on Climate Change (IPCC), , 130, 244
common ground doctrine, 26
GHG emissions reduction targets, 10
international cooperation
international law as persuasive authority, 153
judicial and quasi-judicial bodies,
teleological or purposive method of interpretation, 152
International Covenant on Civil and Political Rights (ICCPR)
right to life, 143
rights of Indigenous peoples
Torres Strait islanders,
Adaptation Claim,
Australia’s human rights obligations,
Mitigation Claim,
International Covenant on Economic, Social and Cultural Rights (ICESCR)
adequacy of efforts to reduce emissions, 177
international cooperation, 153
international treaties, importance of, 131
Ireland
Climate Action and Low Carbon Development Act,
Israel
climate change inequalities,
judicial and quasi-judicial bodies
international cooperation,
judicial proceedings, 255
enforcement concerns,
Friends of the Irish Environment case,
deference,
justiciability arguments,
right to a healthy environment,
standing,
India,
balancing development with environmental protection,
environmental jurisprudence,
right to a healthy environment,
technological advancements, impact of, 256
justiciability
Friends of the Irish Environment case,
Kanuk v. State of Alaska
constitutional obligation to manage shared natural resources,
Public Trust doctrine, 280
Kenya
coal-fired power stations,
Kichwa Indigenous People of Sarayaku v. Ecuador,
Kofan Indigenous People of Sinangoe v. Ecuador Ministry of Mining,
lawyer-activists,
legal certainty,
legal challenges, nature of
coal mining, 2
fossil fuel companies, 2
high-emission economic activities, 2
insufficient government pledges, 2
Neubauer case, 9
UN Committee on the Right of the Child, 3
legal mobilization theory, ,
group dynamics and collective mobilization,
institutional and structural incentives and disincentives,
micro-politics of disputing behaviour,
legal transplant litigation,
Manushi Sangathan v. Government of Delhi, 367
margin of appreciation, , 173
ECtHR, 310,
emissions reductions
choice of means,
Hatton case,
respect for private and family life,
Taşkin case, 342
Urgenda case,
use of its resources and rights obligations, 179
Narmada Bachao Andolan v. Union of India,
narrative change strategies,
climate litigation, ,
National Climate Change Fund (Brazil), 356
National Climate Change Policy 2012 (Pakistan), 390
National Environmental Policy Act (NEPA) (Australia), 124
National Environmental Policy Act (NEPA) (USA), 124
National Green Tribunal (India), 365
National Policy on Climate Change (Brazil), 356
nationally determined contributions (NDC)
assessment of emissions reductions, See assessment of climate change policies; emissions reduction plans
Australia and Torres Strait, 163
Global South, 195
negative emissions, , 337
Neubauer v. Germany, 2,
failure to mitigate, 18
justiciability, 27
material incentives, 33
standing, 37
temporal dimensions of climate change, 38
“new wave”/”next generation” cases,
strategic litigation,
Norway
oil exploration, 2
Kichwa Indigenous People of Sarayaku case,
People v. Arctic Oil, 323, See also coal mining; Kichwa Indigenous People of Sarayaku v. Ecuador; People v. Arctic Oil
open standing regime,
Oslo Principles on Global Climate Change (2015), 125
“others do it too” defense, 234
Pakistan, 11, 387
environmental justice, 391
environmental protection provisions, 387,
identity of polluters, 391
judicial activism,
judicially enforceable rights, 387
public interest litigation,
Palestine
climate change inequalities,
Paris Climate Agreement (2015), , , 373
Africa, 380
common but differentiated responsibilities, 332
common ground doctrine, 26
human rights impacts, recognition of, 2
People v. Arctic Oil, 333
Paris Agreement, 333
Philippi Horticultural Area v. MEC for Local Government, Environmental Affairs and Development Planning,
policy discretion, , 166, 168, 174, 179
Friends of the Irish Environment case,
People v. Arctic Oil,
Urgenda case, 346
political inequalities
disproportionate impacts of climate change,
Portillo Cáceres v. Paraguay, , 171
Portugal, 31. See also Duarte Agostinho v. Portugal; Six Portuguese Youth v. 33 Governments of Europe
precautionary principle, 90, 125, 128, 165, 174
Kofan Indigenous People of Sinangoe case, 276
Pandey case, 368
Save Lamu case, 382
precedent and legal certainty,
private nuisance
prohibition on inhuman or degrading treatment, 336
prosecutor/enforcement authority initiated litigation,
public activism,
public interest litigation (Pakistan)
limitations
lack of substantive action, 392
reluctance to appoint climate change experts, 392
statutory appeals, 392
right to a clean and healthy environment, 389
right to life, 388
Shehla Zia case, 389
standing requirements, 388
public international law cases, 121
public nuisance
cases against carbon majors, 211
Punjab Environmental Protection Act 1997 (Pakistan), 394
racial inequalities
disproportionate impacts of climate change, ,
Brazil, , 363
regulation-forcing litigation,
reparations, 149
retrogressive steps,
Friends of Irish Environment case, 314
right to a healthy environment, 27, 319, 378
Friends of the Irish Environment case, , , 318
IACtHR, 22
Norwegian Constitution,
Pakistan, 389
People v. Arctic Oil, 324
right to life, 38, 88, 165, 192, 224, 319
Africa, 378
IACtHR, 311
Portillo Cáceres case, 149
Shehla Zia case, 389
Subhash Kumar case, 369
Teitiota case, 149
Rio Declaration (1992), 2
risks associated with litigation,
Sacchi v. Argentina
children’s rights, 225
failure to adapt, 225
failure to adequately mitigate, 225
UN Convention on the Rights of the Child, 225,
Save Lamu & Five Others v. National Environmental Management Authority & Another,
shared responsibility
causation,
common but differentiated responsibilities, 337See also common but differentiated responsibility (CBDR) principle
ECHR obligations,
fair share, , 341
Guiding Principles on Shared Responsibility,
indivisible injury,
reasonable minimum obligation,
Urgenda case, 347
Six Portuguese Youth v. 33 Governments of Europe,
ECHR claims, ,
standing, 37
applicable standing rules, 315
Friends of the Irish Environment case, 315
India, 364
liberal approach
government decision-making, 317
rule of law,
trend, 316
rule of law, relationship with,
separation of powers argument, 317
traditional approach, 316
states’ responsibilities to guarantee protection from climate change-related harms, , 156, . See also shared responsibility
stealthy climate litigation
Global South,
strategic ambitions of climate change litigation,
climate change in human rights terms,
Juliana case, 99
Leghari case, 99
targeting corporations, 99
Urgenda case, 99
young plaintiffs and future generations, 99See also Juliana v. United States; Leghari v. Pakistan; Urgenda v. the Netherlands
Strategic Environmental Assessment Directive (EU)
airport expansion, 309
environmental assessments, 326
strategic litigation, , 386
balancing development with environmental protection,
broader plan for change,
carbon majors, 208
definition,
history,
impact assessment processes, 374
implementation challenges,
legal context, 108
political context, 108
public activism,
risk assessment, importance of,
social change, relationship with,
social context, 108,
Subhash Kumar v. State of Bihar, 369
subsidiarity principle
margin of appreciation, 342
subsidies
resource allocation, 181
technological advancements
bioenergy with carbon capture and storage, 185
judicial proceedings, impact on, 256
law enforcement, , 266
temporal dimensions of climate change, 125
temporality of human rights law,
Torres Strait islanders,
ICCPR complaint,
Adaptation Claim,
Australia’s human rights obligations,
Mitigation Claim,
loss of culture,
tort law
cases against carbon majors, 211
trends in climate litigation
strategic cases,
UN Committee on Economic, Social and Cultural Rights (CESCR)
adequacy of efforts to reduce emissions, 186
whether a state has taken/is taking all rights-respecting steps,
whether avoiding regression,
whether climate plan appropriately ambitious,
whether emissions reductions consistent with human rights, 185
whether progressive increase in ambition,
whether state giving adequate priority to human rights, 181
whether state planning to reduce emissions in line with global target,
UN Convention on Biological Diversity’s (CBD), 380
UN Convention on the Rights of the Child (CRC)
Sacchi v. Argentina, 225,
UN Declaration on the Rights of Indigenous Peoples (UNDRIP), 380
UN Declaration on the Rights of Peasants and Other People Working in Rural Areas (2018), 380
UN Framework Convention on Climate Change (UNFCCC 1992), 30, , 332
Africa, 380
Brazil, 356
good faith, 173
India, 373
international cooperation, 153
Kenya, 382
no-harm principle, 332
South Africa, 381
Torres Strait case,
Urgenda case, 345
UN Human Rights Committee
harmonization of international law,
Portillo Cáceres case,
right to life, 311
Torres Strait islanders,
UNEP Emissions Gap Report, 321
United Nations Charter
international cooperation, 153
United States
administrative climate litigation
National Environmental Policy Act (NEPA), 124
civil law cases,
climate change inequalities, , 143
climate forced displacement, 235
criminal and corporate liability law cases, 120
ECHR claims, 311,
margin of appreciation, 346
separation of powers argument, 155
shared responsibility, 347
strategic ambitions of climate change, 99
temporal dimensions of climate change, 38
Velasquez Rodriguez v. Honduras, 150
visual evidence, importance of,
Feather River Lumber Co. case, 273
Kanuk case,
Kichwa Indigenous People of Sarayaku case,
Kofan Indigenous People of Sinangoe case,
public opinion, impact on, ,
Bushfire Survivors case,
Volkswagen
Dieselgate scandal, 217
We the People v. Union of India, 368
WildEarth Guardians v. United States Forest Service et al.
perfect substitution argument, 330
wildfires
Australia, 227,
Canada, 227
causality and human rights–based climate litigation, 227
visual evidence, importance of
Australia,
Wildlife First and Others v. Ministry of Environment and Forests, 369
women
African patriarchy, 379
disproportionate impacts of climate change, See also climate justice: disproportionate impacts of global warming; Committee on the Elimination of Discrimination against Women (CEDAW)
Youth Climate Movement, 299
Open access