Suchergebnisse

The first part of this article examines remedies granted in climate change litigation against governments in domestic and supranational courts. It concludes that courts have tended to grant focused and modest remedies. Requests for overly ambitious remedies have not been successful and may have caused North American courts to hold human rights claims based on climate change to be non-justiciable. The second part of this article examines the range of available judicial remedies and their strengths and weaknesses. It identifies interim relief, the "declaration plus," and remedies directed towards laws that violate human rights as promising remedial strategies. The third part proposes a number of remedial principles. It argues for a two-track remedial approach that combines immediate remedies directed at particular harms with dialogic and interactional remedies in which courts engage with other institutions and parties to produce longer-term systemic remedies that will curb emissions in the future. Courts should explicitly use proportionality reasoning when factoring in competing social interests and confronting polycentric problems. Bi-jural remedies that combine human rights and Indigenous law are also promising. Litigants should expect that no one case will remedy the threatening tides of climate change. They should pursue cycles of remedies where new and more intense remedies are used to respond to remedial failures and continued violations of human rights related to global warming.

This volume in the series "Legal perspectives for global challenges" brings together various contributions on climate change remedies. The papers emanate from an international research project, set up under the auspices of the Stellenbosch Institute for Advanced Study, dealing with how the law can meaningfully contribute to the debate on global challenges, such a sustainable development and climate change. The contributions are written by experts in the field and will be of interest to environmental lawyers and policy makers

Data Factory; with case note by Il Ho Lee