Chapter 14: Adjudication

Recommended materials

Philippe Sands, “Climate Change and the Rule of Law: Adjudicating the Future in International Law” (2016) 28:1 Journal of Environmental Law 19

Daniel Bodansky, “The Role of the International Court of Justice in Addressing Climate Change: Some Preliminary Reflections” (2017) 49:2 Arizona State Law Journal 689

Brian J. Preston, “The Contribution of the Courts in Tackling Climate Change” (2016) 28:1 Journal of Environmental Law 11

Supplementary materials

District Court of the Hague, Urgenda Foundation v. The State of the Netherlands, judgment of 24 June 2015 (unofficial translation)

High Court of Lahore, Ashgar Leghari v. Federation of Pakistan, order of 14 September 2015

Latest materials

Plan B Earth v Secretary of State for Transport [2020] EWCA Civ 214

The UK Court of Appeal cancelled the government’s decision to develop a third runway in Heathrow Airport on the ground that the strategic environmental assessment had not taken the adoption and ratification of the Paris Agreement into account. The main argument accepted by the Court was that the Planning Act 2008 s.5(8) requires a national …

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Juliana v. US (CA, 17 January 2020), on admissibility, dismissed for lack of standing

https://cdn.ca9.uscourts.gov/datastore/opinions/2020/01/17/18-36082.pdf  

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In the news

Montana youths bring lawsuit over state energy policy

https://helenair.com/news/state-and-regional/montana-youths-bring-lawsuit-over-state-energy-policy/article_7308239b-daf9-56bd-af82-597e9668b005.html  

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Hillary Aidun, “Juliana in the World: Comparing the Ninth Circuit’s Decision to Foreign Rights-Based Climate Litigation”

http://blogs.law.columbia.edu/climatechange/2020/03/13/juliana-in-the-world-comparing-the-ninth-circuits-decision-to-foreign-rights-based-climate-litigation/  

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“Indian states must provide clean air and water or pay damages, supreme court rules”

https://www.theguardian.com/world/2019/nov/26/indian-states-must-provide-clean-air-and-water-or-pay-damages-supreme-court-rules?CMP=share_btn_tw  

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