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

McCormick et al., “Strategies in and outcomes of climate change litigation in the United States”

(2018) Nature Climate Change "The courts have played a central role in climate policy, including the landmark Supreme Court case that led to the mandatory regulation of greenhouse gases by the United States. A wide variety of litigants have used the courts to affect policy outcomes at all scales. Therefore, to understand how the court …

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Thomson v. Minister for Climate Change Issues [2017] NZHC 733 (New Zealand)

Sarah Thomson initiated a judicial review concerning the Government of New Zealand’s response to climate change, which she considered insufficient in the light (among others) of New Zealand’s obligations under international law. Her claims relating to New Zealand’s NDC were dismissed. In an obiter at para. 38, Mallon J. notes a country’s NDC is not …

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In the news

Judge Throws Out New York Climate Lawsuit

https://www.nytimes.com/2018/07/19/climate/climate-lawsuit-new-york.html

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California Sues Trump Administration Over Car Emissions Rules

"A coalition led by California sued the Trump administration over car emissions rules on Tuesday, escalating a revolt against a proposed rollback of fuel economy standards that threatens to split the country’s auto market." https://www.nytimes.com/2018/05/01/climate/california-sues-trump-administration.html

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Sometimes Fighting Climate Change Means Breaking the Law

https://www.newyorker.com/tech/elements/sometimes-fighting-climate-change-means-breaking-the-law

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