Access to justice in climate change litigation from a transnational perspective: private party standing in recent climate cases

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:	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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