Varvastian, Samvel  ORCID: https://orcid.org/0009-0002-4645-721X
2018.
Access to justice in climate change litigation from a transnational perspective: private party standing in recent climate cases.
Jendrośka, Jerzy and Bar, Magdalena, eds.
Procedural Environmental Rights: Principle X of the Rio Declaration in Theory and Practice,
Vol. 4.
European Environmental Law Forum,
Intersentia,
pp. 481-502.
(10.1017/9781780686998.024)
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Abstract
Climate change litigation has grown intensively in recent years, becoming an important feature of climate governance in the US and a growing trend in some other jurisdictions. However, climate plaintiffs have traditionally encountered many procedural hurdles, including standing, which has often barred access to justice. To have standing, a party must be able to show some kind of interest in the outcome of the case, which usually stipulates the presence of a concrete injury emanating from an identifiable entity or the existing law. In case of climate change litigation, plaintiffs must thus assert actual injury from industry or state action/inaction with regard to GHG emissions and the resulting climate change, which may still be somewhat difficult from a scientific point of view. This chapter seeks to explore the current trends in private party standing in the US, Australian and European climate cases.
| Item Type: | Book Section |
|---|---|
| Date Type: | Published Online |
| Status: | Published |
| Schools: | Schools > Law |
| Subjects: | K Law > K Law (General) K Law > KF United States Federal Law K Law > KZ Law of Nations |
| Publisher: | Intersentia |
| ISBN: | 9781780686998 |
| Date of First Compliant Deposit: | 18 May 2023 |
| Last Modified: | 14 Jun 2024 11:53 |
| URI: | https://orca.cardiff.ac.uk/id/eprint/159632 |
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