Table of Contents

Elgar Encyclopedia of Environmental Law

Elgar Encyclopedia of Environmental Law

Edited by Michael Faure

The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. The Encyclopedia is organised into 12 volumes around top-level subjects – such as water, energy and climate change – that reflect some of the most pressing issues facing us today. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.

Chapter I.13: The potential roles of the ICJ in climate change-related claims

Christina Voigt

Subjects: environment, environmental law, law - academic, environmental law

The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. The Encyclopedia is organised into 12 volumes around top-level subjects – such as water, energy and climate change – that reflect some of the most pressing issues facing us today. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.

Abstract

Climate change raises complex legal questions of states’ rights and duties, both in the context of addressing climate change through mitigation action and when dealing with the effects of climate change through effective adaptation measures as well as climate change damages. In all these contexts, international law matters. While a multilateral solution to these questions has been negotiated in the context of the 2015 Paris Agreement, 1 there is the possibility that states may want to resort to adjudicative means as a way to respond to challenges of collective or national concern. It might be only a question of time before the International Court of Justice (ICJ) will be called upon in the context of one of the many legal issues related to climate change.

This chapter attempts to map and analyse substantive legal issues that potentially could be subject to disputes brought before the ICJ or legal questions 2 addressed by an advisory opinion issued by the Court.

Abstract

Climate change raises complex legal questions of states’ rights and duties, both in the context of addressing climate change through mitigation action and when dealing with the effects of climate change through effective adaptation measures as well as climate change damages. In all these contexts, international law matters. While a multilateral solution to these questions has been negotiated in the context of the 2015 Paris Agreement, 1 there is the possibility that states may want to resort to adjudicative means as a way to respond to challenges of collective or national concern. It might be only a question of time before the International Court of Justice (ICJ) will be called upon in the context of one of the many legal issues related to climate change.

This chapter attempts to map and analyse substantive legal issues that potentially could be subject to disputes brought before the ICJ or legal questions 2 addressed by an advisory opinion issued by the Court.

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