Climate Justice and Disaster Law

Lyster, Rosemary

doi:10.1017/cbo9781316227534

Cited by 25 publications

(17 citation statements)

References 72 publications

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“…The ways in which intractable issues of justice are dealt with or avoided in the international regime and at the domestic level will interact in complex ways with how climate litigation trends develop. Yet research on climate litigation has only tangentially addressed climate justice issues (but see Burkett, ; Duyck et al, ; Heiskanen, ; Lyster, ; Vollmer, ) and most research on climate justice has not yet turned its attention to the phenomenon of climate change litigation (but see Caney, ).…”

Section: Key Themes and Emerging Issuesmentioning

confidence: 99%

Climate change litigation: A review of research on courts and litigants in climate governance

Setzer

Vanhala

2019

WIREs Climate Change

114

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Studies of climate change litigation have proliferated over the past two decades, as lawsuits across the world increasingly bring policy debates about climate change mitigation and adaptation, as well as climate change-related loss and damage to the attention of courts. We systematically identify 130 articles on climate change litigation published in English in the law and social sciences between 2000 and 2018 to identify research trajectories. In addition to a budding interdisciplinarity in scholarly interest in climate change litigation we also document a growing understanding of the full spectrum of actors involved and implicated in climate lawsuits and the range of motivations and/or strategic imperatives underpinning their engagement with the law. Situating this within the broader academic literature on the topic we then highlight a number of cutting edge trends and opportunities for future research. Four emerging themes are explored in detail: the relationship between litigation and governance; how time and scale feature in climate litigation; the role of science; and what has been coined the "human rights turn" in climate change litigation. We highlight the limits of existing work and the need for future research-not limited to legal scholarship-to evaluate the impact of both regulatory and antiregulatory climate-related lawsuits, and to explore a wider set of jurisdictions, actors and themes. Addressing these issues and questions will help to develop a deeper understanding of the conditions under which litigation will strengthen or undermine climate governance. This article is categorized under: Policy and Governance > Multilevel and Transnational Climate Change Governance K E Y W O R D S climate change litigation, climate governance, climate lawsuits, regulation 1 | INTRODUCTIONCourts are playing an increasingly visible role in policy debates about climate change mitigation and adaptation, as well as climate change-related loss and damage. 1 Lawsuits addressing the causes and consequences of climate change-such as the expansion of airports, the reliance on coal-powered energy and the climate-related erosion of the habitats of endangered species-are increasingly apparent in national courts, and scholars even see a potential role for international tribunals to address climate harms (e.g., Bodansky, 2017;Sands, 2016). This article is, to our knowledge, the first to systematically review key literature on climate change litigation over the last 20 years. We build on this to identify new horizons for a forward-

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Section: Key Themes and Emerging Issuesmentioning

confidence: 99%

Climate change litigation: A review of research on courts and litigants in climate governance

Setzer

Vanhala

2019

WIREs Climate Change

114

View full text Add to dashboard Cite

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“…Climate justice first evolved from climate change activism, where a focus on the grassroots environmental justice movement combined with concern for global climate change. The concept, or movement, began gathering pace in the 1990s, with a focus primarily on: assisting those affected by climate change; sharing the burdens and benefits of climate change; mitigation and adaptation; and reducing CO 2 emissions (Lyster 2015). Goodman (2009: 509) thus describes the role of climate justice as an "interpretative frame" for the climate crisis, and a concept that addresses the "triple inequity" of mitigation, responsibility and vulnerability by (1) asking who benefits from CO 2 emissions and how should they bear the burden for mitigation, (2) recognising the vast divergence in capabilities to respond to global climate change, and (3) addressing the issue of adaptation, the burdens of which are unequally focused on the world's poor.…”

Section: Climate Justicementioning

confidence: 99%

Setting energy justice apart from the crowd: Lessons from environmental and climate justice

Jenkins

2018

Energy Research & Social Science

229

103

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The continuation and exacerbation of many environmental failures illustrate that environmental and climate justice's influence on decision-making is not being systematically effective, giving rise to a renewed emphasis on finding new, more focused, justice models. This includes the energy justice concept, which has received ready and growing success. Yet for energy justice, a key question keeps arising: what does it add that environmental and climate justice cannot? To answer this question this perspective outlines the origins, successes and failures of the environmental and climate justice concepts, with a view to both distinguishing the energy justice field, and providing cautionary tales for it. It then outlines three points of departure, which it argues increases the opportunity of success for the energy justice concept: (1) "bounding out", (2) non-anti-establishment pasts and (3) methodological strength. This paper exists to stimulate debate.

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“…96 Developed primarily by Nussbaum and Sen, 97 the capabilities approach identifies various social, economic, political (including procedural), personal, and environmental attributes essential for human flourishing. 98 Restricting just one capability compromises full participation in society, and therefore represents an injustice. 99 These conceptions of justice are interlinked.…”

Section: Environmental Justice and Climate Adaptation Lawmentioning

confidence: 99%

Enhancing Resilience and Justice in Climate Adaptation Laws

Wenta

McDonald

McGee

2018

TEL

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Resilience thinking – an approach for understanding and managing change – is increasingly central to climate change adaptation law and policy. Yet the influence of adaptation law and policy on the distribution of climate impacts is often overlooked in studies of socio-ecological resilience to climate change. This article demonstrates how environmental justice scholarship helps to address this gap in the literature relating to adaptation law and resilience. Drawing on existing literature, the article identifies four principles to promote resilience and justice through climate adaptation laws. Climate adaptation laws must (i) prepare for, and respond to, change; (ii) address the distributive effects of climate change and adaptation; (iii) promote participation in adaptation processes; and (iv) cross sectors and scales. Each criterion can be implemented in part through existing legal processes, but might also be further supported by incremental law reform. Developing both resilience and justice dimensions will enhance the effectiveness of adaptation laws in addressing climate impacts.

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Climate Justice and Disaster Law

Cited by 25 publications

References 72 publications

Climate change litigation: A review of research on courts and litigants in climate governance

Climate change litigation: A review of research on courts and litigants in climate governance

Setting energy justice apart from the crowd: Lessons from environmental and climate justice

Enhancing Resilience and Justice in Climate Adaptation Laws

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