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

See all articles by Guy Dwyer

Guy Dwyer

Baker McKenzie; Centre for Environmental Law, Macquarie University

Date Written: September 2020

Abstract

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

Suggested Citation

Dwyer, Guy, Climate Litigation: The Red Herring of Tools for Mitigating the Effects of Climate Change (September 2020). Debating Climate Law (Cambridge University Press, 2021 Forthcoming), Available at SSRN: https://ssrn.com/abstract=3675350 or http://dx.doi.org/10.2139/ssrn.3675350

Guy Dwyer (Contact Author)

Baker McKenzie ( email )

Sydney, 2000
Australia

Centre for Environmental Law, Macquarie University ( email )

Australia

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