Litigating for Climate JusticeChasing a Chimera?

Title

Litigating for Climate JusticeChasing a Chimera?

Creator

Ramesh M.K.; Jacob V.A.

Description

Across the world, in recent decades, climate litigations have been playing essential roles in shaping domestic policies and legal frameworks on climate change and also in rendering climate justice. There has also been a continuous rise in the development of climate actions, and climate claim litigations by individuals, civil society, and non-state actors. The Indian Supreme Court, High Courts, and the National Green Tribunal have played a significant role in environmental governance by interpreting constitutional and statutory rights to include a right to the environment over the past decades. Nevertheless, with the latest trends in climate litigations, climate challenges have grown across varied climate-related issues, requiring a new judicial approach. In its analysis of climate claims, the justice dispensation mechanism ought to comprehend the shortcomings and be able to generate solutions, similar to those adopted by the courts in the United States, the United Kingdom, and the Netherlands. An analyses of the approach taken by courts in developing nations namely in the Philippines, South Africa, and Pakistan that have compelled governments and corporates to meet their climate commitments are examined. Climate litigation in India has been emerging rapidly over the past decade. As the claims are increasing, the courts and the National Green Tribunal need enhanced capacity building to address climate litigations. This chapter seeks to address the feasibility and implication of equipping courts to address climate litigation. We review the scope of climate litigation and consider the challenges and opportunities to ensure climate justice. This chapter concludes by outlining possible opportunities and challenges in interlinking climate litigation and climate justice in India. The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2022.

Source

Environment, Climate, and Social Justice: Perspectives and Practices from the Global South, pp. 189-206.

Date

2022-01-01

Publisher

Springer Nature

Coverage

Ramesh M.K., National Law School of India University, Bengaluru, India; Jacob V.A., School of Law, Christ University, Karnataka, Bangalore, India

Rights

Restricted Access

Relation

ISBN: 978-981191986-2; 978-981191987-9

Format

Online

Language

English

Type

Book chapter

Identifier

https://doi.org/10.1007/978-981-19-1987-9_10

https://www.scopus.com/inward/record.uri?eid=2-s2.0-85162699214&doi=10.1007%2f978-981-19-1987-9_10&partnerID=40&md5=dcef01af320524b46afacf1f1f262b15