The Role of the Courts in Facilitating Climate Change Adaptation

The Asia-Pacific Centre for Environmental Law Climate Change Adaptation Platform (2016)

6 Pages Posted: 25 Aug 2016

See all articles by Brian Preston

Brian Preston

Land and Environment Court of New South Wales; The University of Sydney Law School; Western Sydney University, School of Law

Date Written: August 16, 2016

Abstract

In applying, implementing and enforcing compliance with the law, judiciaries across the world can make a meaningful contribution towards 'mainstreaming' adaptation programs, preventing maladaptive development and in addressing disputes that arise from adaptation measures (or lack thereof). This comment concisely sketches two of the more significant ways in which the courts are likely to do so.

Keywords: climate change; climate change adaptation; adaptation litigation; environmental rights; judicial review; merits review

JEL Classification: K32

Suggested Citation

Preston, Brian, The Role of the Courts in Facilitating Climate Change Adaptation (August 16, 2016). The Asia-Pacific Centre for Environmental Law Climate Change Adaptation Platform (2016). Available at SSRN: https://ssrn.com/abstract=2829287

Brian Preston (Contact Author)

Land and Environment Court of New South Wales ( email )

225 Macquarie Street
Sydney NSW, 2000
Australia

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Western Sydney University, School of Law ( email )

Locked Bag 1797
Penrith, NSW 2751
Australia

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