The unsexy future of climate change litigation

Kim Bouwer

Research output: Contribution to journalArticle

2 Citations (Scopus)

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.
LanguageEnglish
Number of pages26
JournalJournal of Environmental Law
Early online date19 Jul 2018
DOIs
Publication statusE-pub ahead of print - 19 Jul 2018

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climate change
climate
private law
litigation
governance
policy

Keywords

  • climate change litigation
  • climate change policy
  • mitigation
  • multilevel governance
  • private law

Cite this

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title = "The unsexy future of climate change litigation",
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.",
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The unsexy future of climate change litigation. / Bouwer, Kim.

In: Journal of Environmental Law, 19.07.2018.

Research output: Contribution to journalArticle

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AB - 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.

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