Climate refugees: Is litigation an effective strategy?

Kent, Avidan and Behrman, Simon (2022) Climate refugees: Is litigation an effective strategy? In: Climate Refugees. Cambridge University Press, pp. 357-372. ISBN 9781108830720

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Abstract

Lack of progress in climate change negotiations, accompanied with an overall sense of despair, has led civil society organisations to attempt different strategies in order to mobilise public opinion and push states towards more ambitious climate action. One notably strategy has been the use of national and international courts, with the hope that these will fill in the regulatory gap and force states into action. Many of these claims are relevant for climate refugees, whether explicitly (e.g. by addressing displacement) or indirectly (e.g. by addressing related questions such causality). While this trend is very much still ongoing, enough decisions have been made to allow for an interim assessment of this strategy. This chapter claims that while the appeal to courts have led to some progress, one must consider also the pitfalls inherent in this strategy.

Item Type:	Book Section
Additional Information:	Publisher Copyright: © Cambridge University Press 2022.
Uncontrolled Keywords:	climate litigation,climate refugees,climate-induced migration,courts,social sciences(all),environmental science(all),sdg 16 - peace, justice and strong institutions ,/dk/atira/pure/subjectarea/asjc/3300
Faculty \ School:	Faculty of Social Sciences > School of Law University of East Anglia Research Groups/Centres > Theme - ClimateUEA
UEA Research Groups:	University of East Anglia Schools > Faculty of Science > Tyndall Centre for Climate Change Research Faculty of Science > Research Centres > Tyndall Centre for Climate Change Research Faculty of Social Sciences > Research Groups > International Law
Related URLs:	http://www.scopus.com/inward/record.url?... http://services.cambridge.org/us/academi...
Depositing User:	LivePure Connector
Date Deposited:	02 Nov 2021 02:02
Last Modified:	06 Jan 2026 10:30
URI:	https://ueaeprints.uea.ac.uk/id/eprint/81947
DOI:	10.1017/9781108902991.019

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