Climate Litigation: The Red Herring of Tools for Mitigating the Effects of Climate Change
Debating Climate Law (Cambridge University Press, 2021 Forthcoming)
12 Pages Posted: 2 Nov 2020
Date Written: September 2020
Despite their good and morally admirable intentions, advocates of climate litigation are too ready to trumpet its benefits without frankly assessing its limitations as a mitigation tool. The purpose of this paper is to prove one core thesis: climate litigation suffers from particular limitations or weaknesses that render it incapable of making any meaningful contribution to the mitigation of emissions in a timely, effective and comprehensive manner.
Keywords: climate litigation; climate change; role of the judiciary and courts; Rocky Hill case; Urgenda case; Massachusetts case
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