Issues in Climate Change Litigation

Carbon and Climagte Law Review, Vol. 5, No. 1, 2011

U of Melbourne Legal Studies Research Paper No. 575

21 Pages Posted: 16 May 2012  

Jacqueline Peel

Melbourne Law School

Date Written: May 15, 2012

Abstract

Climate change is an urgent environmental problem yet many governments have struggled to develop an effective national regulatory response. Instead, environmental advocates have turned increasingly to courts for a solution, mounting ambitious climate change cases in countries such as Australia and the United States, as well as under international law. This article examines several cross-cutting issues that present challenges for potential litigants across the broad spectrum of climate change litigation. They include problems of proof, of dealing with cumulative and indirect impacts, and of establishing a significant contribution to global warming, as well as issues surrounding the respective roles of courts and legislatures in developing a regulatory response to the problem of climate change.

Keywords: climate change, global warming, international law

JEL Classification: K00, K33

Suggested Citation

Peel, Jacqueline, Issues in Climate Change Litigation (May 15, 2012). Carbon and Climagte Law Review, Vol. 5, No. 1, 2011; U of Melbourne Legal Studies Research Paper No. 575. Available at SSRN: https://ssrn.com/abstract=2060696

Jacqueline Peel (Contact Author)

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
+613 8344 1115 (Phone)
+613 9347 2394 (Fax)

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