Comparative Climate Change Litigation: Beyond the Usual Suspects

This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation.

While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for thelack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action.

Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.

• Climate change litigation
• Climate change
• Climate action
• Paris Agreement
• Causation
• Civil society
• Liability
• Public actor
• Private actor
• Strategic litigation

• Law School, University of Strathclyde, Glasgow, UK

  Francesco Sindico

• Faculty of Law, University of Geneva, Geneva, Switzerland

  Makane Moïse Mbengue

Francesco Sindico is an Associate Professor (Reader) in International Environmental Law at the University of Strathclyde in Glasgow, Scotland where he is the Co-Director of the Strathclyde Centre for Environmental Law and Governance. He is an expert in international law, with a particular focus on international climate change law, water law, and sustainable development policy, areas in which he has published widely. He provides legal advice to national governments and international organisations and has acted as counsel in disputes before international courts.

Makane Moïse Mbengue is a Professor of Public International Law at the Faculty of Law and at the Institute of Environmental Sciences of the University of Geneva as well as an Affiliate Professor at Science Po Paris (School of Law). He is the Director of the Department of International Law and International Organization of the Faculty of Law of the University ofGeneva. He also acts as a professor for courses in international law organized by the United Nations Office of Legal Affairs (OLA). He advises or has advised several international institutions, including the International Labour Organisation (ILO), the World Health Organisation (WHO), the United Nations Economic Commission for Africa (UNECA) and the African Union (AU). He acts as counsel in disputes before international courts and tribunals and is often involved in investment negotiations.

Policies and ethics