ABSTRACT

This volume explores climate litigation as a means to tackle the rights and socio-ecological, intergenerational, gender, racial, and other justice implications of the ever-growing vulnerability to climate change, whilst critically engaging with the notions of vulnerability and intersectional climate justice.

With insightful analysis, thought-provoking case studies, and a global perspective, the collection illustrates the opportunities and pitfalls of litigation pursued by people from the Global South who face intersecting forms of oppression and marginalisation amidst the climate crisis. Contributors discuss litigation strategy, novel legal arguments, institutional barriers, and unique socio-ecological and political challenges in the Global South. Divided into two parts, the book recognises that climate change is an existential threat to humanity more frequently being tackled in courts worldwide. The first part exposes the limits of litigation as a mechanism for intersectional climate justice for vulnerable people in the Global South. The second part highlights innovations in climate litigation in pursuit of intersectional climate justice.

The book will be of interest to academics, researchers, and policymakers in the areas of human rights law, environmental law, climate law, Latin American studies, South Asian studies, and African studies.

chapter |36 pages

Introduction

Title
Linking Global South vulnerability, intersectionality, and climate litigation
Size: 0.84 MB

part 1|124 pages

Exposing the limits of litigation as a mechanism for intersectional climate justice

Title

chapter Chapter 1|33 pages

Facing coloniality within legal systems

Title
Indigenous peoples in Latin American climate litigation
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chapter Chapter 2|31 pages

Reframing climate change litigation in the Global South

Title
A study of wind energy projects and extractivism in India
Size: 0.79 MB

chapter Chapter 4|25 pages

The inclusion of women and girls in climate adaptation policy in India

Title
Opportunities and challenges for future litigation
Size: 0.74 MB

part 2|147 pages

Innovative litigation in pursuit of intersectional climate justice

Title

chapter Chapter 5|27 pages

Elevating women's voices in transnational climate litigation

Title
The case of Asmania et al. v Holcim
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Size: 0.63 MB

chapter Chapter 7|29 pages

The need for child-led climate litigation in Bangladesh

Title
Lessons from India and Pakistan
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chapter Chapter 9|25 pages

A litigation strategy for vulnerable communities pursuing climate litigation

Title
The Indian iteration of the precautionary principle and the reversal of the burden of proof
Size: 0.71 MB

chapter Chapter 10|11 pages

Conclusion

Title
Key lessons and a future research agenda for climate litigation and vulnerabilities
Size: 0.46 MB