Transforming the Rule of Law in Environmental and Climate Litigation
Prohibiting the Arbitrary Treatment of Future Generations
Bibliographic Data
| ID | 4610087 |
|---|---|
| Authors | Katalin Sulyok (0000-0003-1807-8183, Eötvös Loránd University, corresponding author) |
| Year | 2024 |
| Volume | 13 |
| Issue | 3 |
| Pages | 475-501 |
| Publication date | 2024-11-01 |
| 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/s2047102524000116 |
| OpenAlex | W4398782548 |
| Language | EN |
| Citations received | 3 |
| References cited | 12 |
This article maps the shared legal anatomy of climate and environmental lawsuits, in which plaintiffs claim protection for future generations before domestic or international courts. By closely analyzing the litigation strategies of plaintiffs and the inquiry of courts, the article argues that these proceedings revolve around structurally similar legal standards across domestic and international jurisdictions, which correspond to five normative requirements flowing from the rule of law: namely, respect for human rights, certain quality of law requirements, prohibition of arbitrary exercise of governmental powers, non-discrimination, and access to justice. The cross-jurisdictional analysis shows that courts appear to be increasingly willing to protect future generations against arbitrary treatment by present-day decision makers. The article appraises whether such an intergenerationally sensitive reinterpretation of the rule of law could help to change the short-termist paradigm of environmental and climate law
Economics · Environmental law · Law and economics · Political science · Climate Change and Geoengineering · Environmental law and policy · International Environmental Law and Policies · Law
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Judicial Interpretation of Tort Law in Milieudefensie v. Shell
Sovereigns as Trustees of Humanity
Our future in the Anthropocene biosphere
The Duty of Care of Fossil-Fuel Producers for Climate Change Mitigation
An Apology Leading to Dystopia
Due Regard for Future Generations? The No Harm Rule and Sovereignty in the Advisory Opinions on Climate Change
| Unique citing works | 3 |
|---|---|
| Citations per year | 1,5 |
| Citation span | 2024 - 2026 (3) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 3 |