CLIMATE CHANGE LITIGATION AS A PLANET DEFENDER
I. THE CONCEPT OF CLIMATE CHANGE LITIGATION
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A. Definition of Climate Change
17
B. Historical Efforts to Combat Climate Change
20
C. The Scope of Climate Change Litigation
28
D. The Legal Framework of Climate Change Litigation
30
II. TYPES OF CLIMATE CHANGE LITIGATION
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A. Climate Change Litigation Against States
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1. Weak Legal Framework
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a. Neubauer v. Germany Case
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b. Urgenda v. State of the Netherlands Case
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a. Torres Strait Islanders Case
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b. KlimaSeniorinnen Case
45
B. Climate Change Litigation Against Corporations
48
1. Climate–Related Duties of the Corporations
57
3. The Personalization of Climate Liability
66
4. Shareholder Activism
69
ENVIRONMENTAL RULE OF LAW AS A BAROMETER FOR ACCOUNTABLE STATES
I. THE CONCEPT OF ENVIRONMENTAL RULE OF LAW
75
A. Definition of the Environmental Rule of Law
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B. Reasons for the Lack of Adequate Implementation of the
Environmental Rule of Law
78
C. Relationship Between the Environmental Rule of Law and Human
D. Environmental Human Rights Defenders (EHRs)
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II. LEGISLATIVE AND POLICY COMMITMENTS OF STATES FOR THE
ENVIRONMENTAL RULE OF LAW
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A. Transformation of The States for the New Environmental Era
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1. Financial Transformation
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2. Procedural Transformation
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B. Regular Global Assessment of the Environmental Rule of Law
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C. Role of the States in Regulating Corporations
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THE EFFECTS OF CLIMATE CHANGE LITIGATION ON CLIMATE POLICY MAKING
I. INFORMED AND ENGAGED PUBLIC
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A. Rights of Children
101
1. General Comment No. 26 on Children’s Rights and the
Environment with a Special Focus on Climate Change
106
B. Cultural Rights of Indigenous People
107
1. Feminist Climate Justice
120
II. ROLE OF THE COURTS IN CLIMATE POLICY–MAKING
127
III. CLIMATE SCIENCE AS A COMMON LANGUAGE
131