The unsexy future of climate change litigation

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Bouwer, Kim (2018) The unsexy future of climate change litigation. Journal of Environmental Law. ISSN 0952-8873 (https://doi.org/10.1093/jel/eqy017)

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Abstract

This article starts the task of expanding the concept of climate change litigation. It argues that a preoccupation with high-profile cases, can divert attention from other important issues litigated within the broader climate change context. The article highlights four key and interrelated considerations that would inform a future conception of climate change litigation. First, climate litigation occurs across scales, and smaller cases at lower levels of governance are as important as more high-profile cases, for myriad reasons. Second, climate change litigation can engage all elements of a good climate response, not just emissions abatement. Third, the extent of private law’s potential contribution, tends to be overlooked. Fourth, ignoring ‘invisible’ climate change cases – or invisible issues within those cases - can result in perilous consequences for climate change policy. Illuminating the implications of all climate cases across scales is fundamental for coherent policy. In addition, this broader conception can support strategic choices.

  • Item type:Article
    ID code:63232
    Dates:
    Date
    Event
    19 July 2018
    Published
    19 July 2018
    Published Online
    4 December 2017
    Accepted
    Notes:This is a pre-copyedited, author-produced version of an article accepted for publication in Journal of Environmental Law following peer review. The version of record Bouwer, K. (2018). The unsexy future of climate change litigation. Journal of Environmental Law. DOI: 10.1093/jel/eqy017 is available online at: https://doi.org/10.1093/jel/eqy017
    Subjects:Law > Law (General)
    Department:Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law
    Depositing user: Pure Administrator
    Date deposited:09 Feb 2018 16:02
    Last modified:19 Dec 2024 01:20
    URI:https://strathprints.strath.ac.uk/id/eprint/63232
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