Joana Setzer
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View article: Separation of Powers
Separation of Powers Open
Chapter 6 on Separation of Powers offers a comprehensive exploration of how the balance of power between the judiciary and other branches of government plays out in climate litigation. The authors critically analyse key cases where these d…
View article: Impacts of climate litigation on firm value
Impacts of climate litigation on firm value Open
Communities and individuals are turning to courts to hold governments and high-emitting firms to account for the adverse consequences of climate change. Such litigation is part of a broader trend in which stakeholders are increasingly scru…
View article: What Does the European Court of Human Rights’ First Climate Change Decision Mean for Climate Policy?
What Does the European Court of Human Rights’ First Climate Change Decision Mean for Climate Policy? Open
On 9 April the European Court of Human Rights issued its first ever comprehensive decision in a climate litigation case. The ECtHR has set out clear directions for member states to follow to align their climate policies with human rights o…
View article: CORPORATE CLIMATE CHANGE RESPONSIBILITIES UNDER THE OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES
CORPORATE CLIMATE CHANGE RESPONSIBILITIES UNDER THE OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES Open
In 2023, the Organisation for Economic Co-operation and Development (OECD) launched an updated version of the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct. The changes represent substantial and potentially …
View article: Comparative analysis of legal mechanisms to net-zero: lessons from Germany, the United States, Brazil, and China
Comparative analysis of legal mechanisms to net-zero: lessons from Germany, the United States, Brazil, and China Open
Amid mushrooming net-zero commitments and pledges made by states and non-state entities, a gap remains between those pledges, and the action needed in order to stay within the temperature goals of the Paris Agreement. In response, scholars…
View article: Courts, climate litigation and the evolution of earth system law
Courts, climate litigation and the evolution of earth system law Open
Numerous scientific reports have evidenced the transformation of the earth system due to human activities. These changes – captured under the term ‘Anthropocene’ – require a new perspective on global law and policy. The concept of ‘earth s…
View article: National and Sub-national Policies and Institutions
National and Sub-national Policies and Institutions Open
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View article: Climate Governance and Federalism
Climate Governance and Federalism Open
The Introduction discusses the relevance of federalism to different aspects of climate governance. Drawing on the existing literature, we review the key advantages and disadvantages that federalism may offer for the adoption of ambitious c…
View article: The Impacts of High-Profile Litigation against Major Fossil Fuel Companies
The Impacts of High-Profile Litigation against Major Fossil Fuel Companies Open
Most high-profile climate change litigation against major fossil fuel companies have yet to be decided. These cases are legally difficult, insofar as they face several procedural and substantive doctrinal hurdles. Yet, even before litigant…
View article: Net Zero, Full Transparency
Net Zero, Full Transparency Open
Earlier this month, during a record-breaking heatwave and a Conservative party leadership contest that will determine the next UK Prime Minister, the High Court quietly issued a judgment that may have nearly as much impact on the course of…
View article: The Complexities of Comparative Climate Constitutionalism
The Complexities of Comparative Climate Constitutionalism Open
Climate constitutionalism is a relatively novel legal field that has nonetheless adopted a very distinct character. Picking up on the classical liberal tack, it is marked by a distrust of state power as it relates to climate action or inac…
View article: Rights-based litigation in the climate emergency: mapping the landscape and new knowledge frontiers
Rights-based litigation in the climate emergency: mapping the landscape and new knowledge frontiers Open
This article revisits and expands on extant scholarly inquiries into the so-called ‘rights turn’ in climate litigation, with the objective of providing a more comprehensive appreciation of the role of human rights litigation in the context…
View article: Rights-based litigation in the climate emergency: mapping the landscape and new knowledge frontiers
Rights-based litigation in the climate emergency: mapping the landscape and new knowledge frontiers Open
This article revisits and expands on extant scholarly inquiries into the so-called ‘rights turn’ in climate litigation, with the objective of providing a more comprehensive appreciation of the role of human rights litigation in the context…
View article: Climate litigation to protect the Brazilian Amazon: Establishing a constitutional right to a stable climate
Climate litigation to protect the Brazilian Amazon: Establishing a constitutional right to a stable climate Open
In recent years, climate cases to combat illegal deforestation in the Amazon have begun to be brought before Brazilian courts. We focus on a lawsuit filed by the Institute of Amazonian Studies against the Brazilian state. The lawsuit seeks…
View article: Public prosecutors, political parties, and NGOs are paving the way for vital climate change litigation in Brazil
Public prosecutors, political parties, and NGOs are paving the way for vital climate change litigation in Brazil Open
Though the Bolsonaro government’s approach to land-use and the environment has intensified damage to Brazil’s crucial biological communities, a growing fightback is also laying the foundations for climate change litigation that could be vi…
View article: Climate Litigation as Climate Activism: What Works?
Climate Litigation as Climate Activism: What Works? Open
The British Academy's COP26 Briefings Series aims to raise awareness of the importance of the humanities and the social sciences in understanding the complex human and social dimensions to environmental challenges and their solutions.We ar…
View article: TEL volume 9 issue 2 Cover and Front matter
TEL volume 9 issue 2 Cover and Front matter Open
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View article: Global Lessons from Climate Change Legislation and Litigation
Global Lessons from Climate Change Legislation and Litigation Open
There is no country in the world that does not have at least one law or policy dealing with climate change. The most prolific countries have well over 20, and globally there are 1,800 such laws. Some of them are executive orders or policie…
View article: The trends and challenges of climate change litigation and human rights
The trends and challenges of climate change litigation and human rights Open
This article provides an overview of the recent developments in three high-profile climate change human rights litigation cases: Urgenda , Teitoita and Juliana . There has been a proliferation of research and rights-based litigation relati…