Edited by Christina Voigt
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 questions2 addressed by an advisory opinion issued by the Court.
Edited by Christina Voigt and Evadne Grant
Christina Voigt and Felipe Ferreira
Christina Voigt and Zen Makuch
Across the globe, environmental protection is in need of strong governance arrangements: arrangements that comprise effective environmental laws and regulations, a functioning administration and an independent judiciary. Courts, often perceived as the third pillar of power alongside the legislative and executive functions of the State, have an important role to play in defending, upholding and (for judicial activists) creating an environmental rule of law. At the same time, many courts and their judges face significant challenges in doing so effectively. This volume looks at the possibilities and limitations that courts and judges encounter in protecting the environment. Norms that seek to protect the environment, and the common values it represents, are widely dispersed. We find them in thousands of domestic laws and regulations; we find them in international and regional treaties and unwritten customary laws. Sometimes we do not find them at all.