Lessons from a Distorted Metaphor
The Holy Grail of Climate Litigation
Bibliographic Data
| ID | 3154594 |
|---|---|
| Authors | Kim Bouwer (0000-0002-1981-8537, University of Exeter, corresponding author) |
| Year | 2020 |
| Volume | 9 |
| Issue | 2 |
| Pages | 347-378 |
| Publication date | 2020-07-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Transnational Environmental Law (JOURNAL) |
| Journal identifiers | ISSN: 2047-1025 • E-ISSN: 2047-1033 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s2047102520000114 |
| OpenAlex | W3015563054 |
| Language | EN |
| Citations received | 7 |
| References cited | 66 |
This article examines the complex risks, costs and rewards of large-scale private law climate litigation - the climate litigation 'holy grail'. It argues that while these cases undoubtedly have heroic aspects, their impacts can be complex or difficult to understand. It uses overlapping theories of metaphor and narrative in law, and theories of private law, to make some critical observations about these cases. Distilling some core reflections from the grail legends, the article argues that success in these cases requires a nuanced understanding of victory and defeat, and more careful thinking about the character, aims, and effect of these pieces of litigation. These stories inspire constant reflection as to what the metaphor of the 'holy grail' might mean in this context, and the role that these cases play in the development of a narrative about climate litigation
Archaeology · Art · Environmental ethics · Epistemology · Holy Grail · Law and economics · Literature · Metaphor · Narrative · Political science · Sociology · Victory · Climate Change and Geoengineering · Computer Science · Corporate Law and Human Rights · Environmental law and policy · History · Law · Philosophy
Transnational Environmental Law in a Transformed Environment
Courts, climate litigation and the evolution of earth system law
Regulating humanity's impact on the earth
Financing climate justice in the European Union and China
Climate change litigation as a tool for climate change education
Constitutionalizing the fight against climate change. Insights from France
The Political Economy of Climate Change Litigation
Narrative and Metaphor in the Law
The climate responsibilities of industrial carbon producers
Tracing anthropogenic carbon dioxide and methane emissions to fossil fuel and cement producers, 1854–2010
Assessing “Dangerous Climate Change”
Paris Agreement climate proposals need a boost to keep warming well below 2 °C
Defining and Describing What We Do
Legal mobilization and climate change
A Moral Analysis of Carbon Majors’ Role in Climate Change
The State of the Netherlands v. Urgenda Foundation
A Fossil Fuel-Funded Climate Disaster Response Fund under the Warsaw International Mechanism for Loss and Damage Associated with Climate Change Impacts
Climate change litigation
Climate justice and the international regime
Climate Change Litigation
Inside UN Climate Change Negotiations
Framing Climate Change Loss and Damage in UNFCCC Negotiations
Flesh of the Law
The Challenge of Soft Law
The Role of Climate Change Litigation in Establishing the Scale of Energy Regulation
Climate Change Litigation, Obsession and Expertise
Climate Change Litigation in the Asia Pacific
Compensating for Climate Change Loss and Damage
Transnational Climate Litigation
Establishing a Governmental Duty of Care for Climate Change Mitigation
A Rights Turn in Climate Change Litigation
| Citations per year | 1.17 |
|---|---|
| Citation span | 2020 - 2026 (7) |
| Highly cited | No |