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

Varvastian, Samvel 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, 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: 10 Jul 2023 14:15
URI: https://orca.cardiff.ac.uk/id/eprint/159632

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