Environmental Law

Provides an in-depth description and analysis of the complex and ever-expanding array of domestic and international laws and initiatives addressing climate change in Canada. This is an eBook.

Picking Up the Slack examines how Canadian law has failed to address climate change and offers an accessible basis for a new approach.

The Routledge Handbook of Climate Justice provides students, academics and professionals with a valuable insight into this fast-growing field. Drawing together a multidisciplinary range of authors from the Global North and South, this Handbook addresses some of the most salient topics in current climate justice research, including just transition, urban climate justice and public engagement, in addition to the field's more traditional focus on gender, international governance and climate ethics.

This book examines the intersection of international climate change law and international human rights law with respect to loss and damage from climate change. Bringing together these two areas of the law, the volume reframes the debate on loss and damage law and offers the first systematic analysis of the legal consequences of Article 8 of the 2015 Paris Agreement, both independently and in light of the concurrent applicability of human rights law to climate change harms. The author outlines the legal implications of Article 8 and the extent to which the application of a human rights perspective can contribute to the interpretation and development of those implications.

This book provides an account of how rectificatory justice for climate change loss and damage is possible and provides an extensive response to its challenges.

Climate change is one of the great problems facing humanity; this book introduces readers to major rulings from around the world that centre on climate change as a core focus. In addition to including general considerations, discussion, and analysis of major climate cases, the book engages with specific case studies. A range of major rulings from around the world are examined in detail: The Heathrow Runway Case (UK); The Urgenda Case (Netherlands); The Colombian Amazon Case (Colombia); The Centre for Oil Pollution Watch Case (Nigeria); The Gloucester Resources Case (Australia); Climate Case Ireland (Ireland). The reader is taken through relevant facts, issues, law and commentary pertinent to each case, and a clear, critical and evaluative account of each ruling is provided.

As litigation rises against corporations and their climate change policies, this book examines their accountability and liability for climate change related matters. Covering both national and international law, it investigates approaches to corporate social responsibility, shedding light on how these strategies can help protect human rights and the environment. This book illustrates the potential and limitations of legal doctrines across human rights law, soft law, contract law, consumer law and non-contractual liability law for holding corporations responsible for climate change. The contributing authors explore interconnected aspects of corporate transnational climate law, relating contemporary problems to traditional areas of private law. Ultimately, this prescient book provides valuable legal insights into the challenges of corporate accountability and liability for climate change and identifies important pathways for the future of litigation.

With over 2,500 climate-related cases filed worldwide, climate litigation is rapidly evolving but lacks a comprehensive resource for guiding judicial approaches. The Cambridge Handbook on Climate Litigation fills this void, offering an authoritative guide to climate litigation's complex landscape. Judges, lawyers and scholars will find insights into how courts globally have addressed recurring issues, from causation to human rights impacts. Building on the rich transnational judicial dialogue already occurring within climate litigation, the Handbook distills emerging best practices with an eye towards the progressive development of the field. Its unique focus on replicable strategies in case law makes it a strategic resource for shaping the future of climate litigation.

This revised second edition provides a comparative overview of climate change mitigation issues and international regulatory approaches, bringing together expert contributors to analyse key sectors such as energy, transport, cities, industry, land use, agriculture and waste. Governments around the world have been investigating techniques to reduce greenhouse gas emissions for decades. This Research Handbook considers the spectrum of legal and market-based instruments, as well as strategies and policies adopted around the world, to propose more effective, comprehensive and responsive ways of managing climate change mitigation. As well as taking stock of the current and proposed legal instruments, the book investigates the wider policy and economic aspects of coping with climate change.

This Research Handbook offers an insightful review of how legal systems - whether domestic, international or transnational - can and should adjust to fairly and effectively support loss and damage (L&D) claims in climate change law. International contributors guide readers through a detailed assessment of the history and current state of L&D provisions under the UN climate regime and consider the opportunities to fund L&D claims both within and outside the UN climate system. Split into four parts, the Research Handbook investigates the current legal frameworks for L&D across both public international law and domestic law. Chapters explore foundational issues including equity and justice and give a critical assessment of the current state and potential future evolution of international legal systems.

This Research Handbook sets out a systematic analysis of the Paris Agreement taking into account developments since it entered into force in 2016. It explores the treaty's capacity, as an instrument of international law, to compel state action to address the universal threat of climate change. Highlighting the strengths and weaknesses of the Paris Agreement in light of state practice, each chapter contains a critical examination of a separate aspect of the treaty in order to aid understanding of its legal force. Eminent scholars with experience in Paris Agreement law explore how the Agreement's efficacy relies heavily upon the goodwill of states, sui generis domestic initiatives, forceful climate law at the domestic level, and other contextual factors such as international peace and cooperation. Acknowledging the weak legal substance of the Paris Agreement, the expert contributors propose new avenues of scholarly inquiry as well as new directions in the fight against climate change.

This Research Handbook tackles the intersecting crises of biodiversity loss and climate change from a legal perspective, delivering cutting edge insights into the evolution of these laws, and their shortfalls and opportunities. Experts critically analyse international and regional laws and institutions that were designed to protect biodiversity. They highlight the ways in which legal frameworks are being challenged by climate change and historical biodiversity loss, and the potential for these laws to transition or be transformed in anticipation of ongoing change.

This Research Handbook provides a depiction of the various stages, opportunities and challenges of climate change litigation at national and international levels from an innovative practice-oriented perspective. Bringing together expert authors from a range of legal backgrounds, the Research Handbook features contributions not only from experienced academics researching in the field, but also from strategic planning specialists and legal coordinators for organizations involved in climate-related litigation. It follows the entire journey of climate-related disputes, from an examination of the approaches and decisions made before initiating legal proceedings, through the various procedural and legal hurdles and challenges during proceedings, to an exploration of the post-litigation challenges that may arise. The climate litigation process is also analyzed in the context of different international forums, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), and the World Heritage Convention, among others.