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Litigating Climate Change in the Global South
While climate change litigation in developed countries of the 'Global North' is a well-studied phenomenon (from its distinctive characteristics and the contribution it is making, to the implementation of international climate laws like the Paris Agreement), relatively few studies focus on climate case law emerging elsewhere. Litigating Climate Change in the Global South sheds light on emerging and accelerating climate litigation in developing countries across the three regions of Africa, Latin America and the Caribbean, and Asia and the Pacific. It is the first monograph-length work to provide a comprehensive assessment of this jurisprudence. Amid growing scholarly and policy interest in climate change litigation and its impact on international climate governance, the book examines which Global South countries are seeing climate cases, what is driving these trends, the coalitions of actors involved, and the early impacts this litigation is having on global goals of climate mitigation and adaptation.
Research Handbook on Compliance in International Human Rights Law
This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries.
Global Climate Constitutionalism “from below”
Global climate constitutionalism is seen as a possible legal answer to the social and political unwillingness of states to effectively tackle climate change as a global problem. The constitutionalisation of international climate law is supposed to ensure greater participation of non-state actors such as NGOs or individuals and a rollback of state sovereignty where states do not care about meeting their climate commitments. This book addresses the question of whether non-state actors such as NGOs or individuals create international climate law through so-called climate change litigation. Against the background of Peter Häberle's theory of the “open society of constitutional interpreters”, four selected cases (Urgenda v Netherlands, Leghari v Pakistan, Juliana v United States of America, Future Generations v Colombia) are used to examine how actors not formally recognized as subjects of international law (re)interpret national and international law and thereby contribute to the constitutionalisation of the international climate law regime.
Whiggish International Law
International law’s turn to history in the Americas receives invigorated refreshment with Christopher Rossi’s adaptation of the insightful and inter-disciplinary teachings of the English School and Cambridge contextualists to problems of hemispheric methodology and historiography. Rossi sheds new light on abridgments of history and the propensity to construct and legitimize whiggish understandings of international law based on simplified tropes of liberal and postcolonial treatments of the Monroe Doctrine. Central to his story is the retelling of the Monroe Doctrine by its supreme early twentieth century interlocutor, Elihu Root and other like-minded internationalists. Rossi’s revival of whiggish international law cautions against the contemporary tendency to re-read history with both eyes cast on the ideological present as a justification for misperceived historical sequencing.
Litigating the Climate Emergency
As the climate emergency intensifies, rights-based climate cases – litigation that is based on human rights law – are becoming an increasingly important tool for securing more ambitious climate action. This book is the first to offer a systematic analysis of the universe of these cases known as human rights and climate change (HRCC) cases. By combining theory, empirical documentation, and strategic debate among preeminent scholars and practitioners from around the world, the book captures the roots, legal innovations, empirical richness, impact, and challenges of this dynamic field of sociolegal practice. It looks specifically at the sociolegal origins and trajectory of HRCC cases, the legal innovations of this type of litigation, and the strategies and impacts of these cases. In doing so, this book equips litigators, researchers, practitioners, students, and concerned citizens with an understanding of an important method of holding governments and corporations accountable for climate harms. This book is also available as Open Access on Cambridge Core.
The Inter American Court of Human Rights
This book provides a critical legal perspective on the legitimacy of international courts and tribunals. The volume offers a critique of ideology of two legal approaches to the legitimacy of the Inter-American Court of Human Rights (IACtHR) that portray it as a supranational tribunal whose last say on human rights protection has a transformative effect on the democracies of Latin America. The book shows how the discussion between these Latin American legal strands mirrors global trends in the study of the legitimacy of international courts related to the use of constitutional analogies and concepts such as the notion of judicial dialogue and the idea of democratic transformation. It also pro...
Teaching International Law
Teaching International Law is a topic of great importance in international law academia. In the past renowned international lawyers and research institutions have dealt with this matter. This book brings together a larger number of established international lawyers who not only present the state of the art of this discipline but also their own vision and perspective. Traditionally, teachers of international law had considerable influence on the development and the understanding of this subject. The international legal system has profoundly changed but in time of enormous challenges for the survivel of mankind the voice of the teachers should again be heard.
Beyond the Binary
The main objective of Beyond the Binary is to place on record the need to formulate answers to the question of the role that criminal action and punishment should play in negotiated political transitions from war to peace. Discussions on the meaning and scope of concepts such as justice, accountability, and victim satisfaction continue to be fervent topics in specialized circles of what is now known as “the transitional justice field,” and in societies suffering from mass violence. Instead of solving the practical and theoretical dilemmas of these interpretative disputes, the experience and knowledge accumulated over the more than three decades that this field has been in existence have ...
Latin American International Law in the Twenty-First Century
Latin America has been a pivotal site for influential and innovative developments in international law since the colonial era. Throughout much of the 20th century, Latin American politics were entangled with the political and economic interests of the United States. Today, as the global order shifts, scholars and legal practitioners are grappling with the current restructuring and potential transformation of international relations-and what this means for international law in the region. This collection of essays brings together a group of highly regarded scholars to present a broad survey of Latin America's approaches and contributions, historically and presently, to the field of internatio...
Consensus-Based Interpretation of Regional Human Rights Treaties
In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus in the case law of the European and Inter-American Courts of Human Rights. As many other international courts and tribunals do, both regional human rights courts resort to this concept while undertaking an evolutive interpretation of the Rome Convention and the Pact of San José, respectively. The role exerted by the notion of consensus in this framework can be used not only to understand the evolving character of the rights and freedoms recognized by these international treaties, but also to reaffirm the international nature of these regional human rights courts.
