Can the Paris Agreement Help Climate Change Litigation and Vice Versa
Bibliographic Data
| ID | 4610029 |
|---|---|
| Authors | Lennart Wegener (University of Göttingen, corresponding author) |
| Year | 2020 |
| Volume | 9 |
| Issue | 1 |
| Pages | 17-36 |
| Publication date | 2020-03-01 |
| Peer Reviewed | Yes |
| 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/s2047102519000396 |
| OpenAlex | W3003246270 |
| Language | EN |
| Citations received | 8 |
| References cited | 29 |
Domestic climate change litigation is prospering across the globe to the extent of becoming a transnational phenomenon of growing importance. At the international level the Paris Agreement, although still in its infancy, has been established as the core element of the climate change governance framework. This article explores the still opaque relationship between domestic climate change litigation and the Paris Agreement. It is argued that dynamic interaction between domestic litigation and the Paris Agreement may improve the overall efficacy of both regimes. On the one hand, an examination of the Paris Agreement's architecture and provisions reveals pathways that are already being used or can be explored further in litigation. On the other hand, litigation can assist and complement the Paris Agreement with regard to its implementation and progress towards its overall goals. The result may deliver more than a multi-level perspective on climate change law. As it captures the law in action on different levels, the proposed 'cross-level' approach has due regard to the implications of the mutual supportiveness or complementarity of legal tools. It also thereby responds to the concern of whether the law can be of significant benefit in addressing complex global issues like climate change
Climate change · Corporate governance · Economics · Global governance · Globe · Law and economics · Management · Phenomenon · Political science · Climate Change and Geoengineering · Environmental law and policy · International Environmental Law and Policies · Law · Psychology · Ecology
Strategic Climate Change Litigation
Courts, climate litigation and the evolution of earth system law
The Legal Form of Climate Change Litigation
Strengthening the Paris Agreement through trade? The potential and limitations of EU preferential trade agreements for climate governance
The Climate Justice Community
Coal mines, carbon budgets and human rights in Australian climate litigation
Climate Change Litigation
Children and Youth in Strategic Climate Litigation
Ambition and Differentiation in the 2015 Paris Agreement
Transnational Climate Litigation
Establishing a Governmental Duty of Care for Climate Change Mitigation
A Rights Turn in Climate Change Litigation
International Law Obligations Arising in relation to Nationally Determined Contributions
Common But Differentiated Responsibilities' in the National Courts
| Unique citing works | 8 |
|---|---|
| Citations per year | 1,33 |
| Citation span | 2020 - 2024 (5) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 7 |