Judicial Remedies for Climate Change in Domestic Courts

Abstract The essay explores the systematisation of climate change litigation within civil law jurisdictions, with a particular focus on the role of civil courts in securing new rights for future generations. It argues that climate litigation is not an isolated issue, demonstrating how civil courts continually influence legal developments. Through an analysis of the global prevalence of climate litigation, the essay emphasises the evolving contribution of courts to legal frameworks concerning environmental protection and the welfare of future generations. In its second part, the paper further examines the concept of vertical climate litigation and its potential long-term effects. It assesses whether vertical climate litigation operates as a temporary measure, especially within Europe, possibly concluding by 2050 in line with the EU’s pursuit of climate neutrality, or if it can function as a lasting supranational or EU enforcement tool to oversee the implementation of States’ climate policies.

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Publication Details

Journal
International journal of procedural law.
Published
2024-09-05
DOI
https://doi.org/10.1163/30504856-14010001
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
0.00
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article

Judicial Remedies for Climate Change in Domestic Courts

Elena D’Alessandro
International journal of procedural law.
Environmental law and policy
article

Judicial Remedies for Climate Change in Domestic Courts

Elena D’Alessandro
article en

Abstract

Abstract The essay explores the systematisation of climate change litigation within civil law jurisdictions, with a particular focus on the role of civil courts in securing new rights for future generations. It argues that climate litigation is not an isolated issue, demonstrating how civil courts continually influence legal developments. Through an analysis of the global prevalence of climate litigation, the essay emphasises the evolving contribution of courts to legal frameworks concerning environmental protection and the welfare of future generations. In its second part, the paper further examines the concept of vertical climate litigation and its potential long-term effects. It assesses whether vertical climate litigation operates as a temporary measure, especially within Europe, possibly concluding by 2050 in line with the EU’s pursuit of climate neutrality, or if it can function as a lasting supranational or EU enforcement tool to oversee the implementation of States’ climate policies.

International journal of procedural law.Vol. 14(1)
University of Turin (IT)
Climate action
Openalex Percentile: Top 71%
Environmental law and policy
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