Judicial Responses to Climate Change in the Global South

A Jurisdictional and Thematic Review
1. Auflage 2023
ISBN: 978-3-031-46144-6
Verlag: Springer Nature Switzerland

Buch, Englisch, Band 2, 200 Seiten, Format (B × H): 155 mm x 235 mm, Gewicht: 330 g

Reihe: Living Signs of Law

This book explores how judiciaries in different parts of the world are responding to climate change and how climate change intersects with the law. It offers feminist approaches to the judicial responses to climate change in the Global South, providing both jurisdictional and thematic reviews. Climate change is one of the most pressing global issues facing humankind, and is currently reshaping geopolitics, governance, law, and international relations around the world.

The book’s originality lies in its endeavour to highlight judicial perspectives on climate change from prominent female researchers who have been working on this subject professionally and/or academically, bringing both regional and international views to the subject. The main objective is to give a new meaning to the study of climate change by bringing together the most recent aspects, including climate litigation, eco-constitutionalism and the environmental rule of law, climate and environmental justice, climate geopolitics and climate governance.

The book will be of interest to students, academics, and scholars of climate law and environmental law around the world.

Zielgruppe

Research

Autoren/Hrsg.

de Aquino, Valéria Emília

Talukdar, Shuma

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsgeschichte, Recht der Antike
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Verwaltungs-, Umwelt- und Gesundheitsrecht
• Geowissenschaften Geologie Meteorologie, Klimatologie
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung

Inhaltsverzeichnis

Introduction.- Part I Jurisdictional.- The Future of Climate Litigation in Brazil.- Struggle for Eco-Constitutionalism: The Role of the Constitutional Court in Realising the Right to a Good and Healthy Environment in Indonesia.- Part II Thematic.- Rearranging the Geopolitics of Climate Change due to Climate and Carbon Coloniality.- Environmental Justice: From the Bifocal Lens of Restorative Justice and the Feminist Approach.- The Mitu-Bell Case as a Legal North in the Progressive Realisation of Economic, Social, and Cultural Rights at a Time of Climate Friction and Land usage Practices in Kenya.- The Intersectionality of the Patriarchal Nature of the Exercise for the Formation of a National Register of Citizens (NRC) and the Elusiveness of Climate Justice.- Part III Extra-Jurisdictional Impact.- A Comparative Study on Critical Legal Issues in Korea and EU Countries on Climate Change Litigations: Based on Social Network Analysis (SNA).- Recent Climate Change Cases in France and Germanythrough the Lens of Feminist Legal Methods.- Summary and Conclusion.

Über Autor(innen)

Shuma Talukdar is a lawyer equipped with experience in various sectors, including aviation, FMCG, information technology, media and entertainment, NGO, oil and gas, real estate, and shipping, and is a certified Corporate Governance Professional. She earned the degree of BA Honours (Political Science) from Gauhati University, LL.B. from Pune University, LL.M. (Business Law) from Amity University, Master's in Public Administration from Indira Gandhi National Open University (IGNOU), New Delhi, Diploma in International Environmental Law and Governance from UNITAR, and certificate in the management of Intellectual Property at universities from the Indian Institute of Technology (IIT), Madras. Shuma is also a Fellow of Women Entrepreneurship Program 2018, Indian Institute of Management (IIM), Bangalore. She has served Bodhi Global Services Pvt Ltd, Pune and India Law Offices (now known as Law Offices of India), New Delhi as an Associate. She holds professional membership of theSupreme Court of India, the Bar Council of India, and the Department of Justice, Ministry of Law, Government of India. She co-founded a law firm, Droit India Legal Services in Noida, and ran it as a Managing Partner from 2013 to 2015. Shuma is a social entrepreneur and established an NGO, Society for Social Regeneration & Equity (SSRE) in 2013. She served it from 2013 to 2020 as President. Under her leadership, SSRE worked in the fields of skill development, micro finance, livelihood, tobacco control, health and hygiene, women empowerment, gender equality, environment, and legal rights.
Valéria Emília de Aquino is a Brazilian Human Rights Lawyer and a Human Rights Ph.D. candidate at the Federal University of Goiás. She is also a member of the study group "Law, Globalization, and Citizenship". She is a member of the Editorial Board and Research Collaborator of International Law without Borders (Brazil) and a Research Associate member of the Institute of International Studies (Bolívia). She was Visiting fellow at the Mercosur Institute of Public Policies on Human Rights (Argentina), and a former Professor in Law at Presidente Antônio Carlos University (UNIPAC) in Uberlândia where she taught Environmental Law, Civil Practice, and Civil Procedure.