Climate Change Litigation in the Asia Pacific

Comprehensively examines the role that litigation can play in galvanizing climate action in the Asia Pacific Region.

Jolene Lin (Edited by), Douglas A. Kysar (Edited by)

9781108478465, Cambridge University Press

Hardback, published 29 October 2020

500 pages
24 x 16 x 3 cm, 0.8 kg

This is the first scholarly examination of climate change litigation in the Asia Pacific region. Bringing legal academics and lawyers from the Global South and Global North together, this book provides rich insights into how litigation can galvanize climate action in countries including Pakistan, Indonesia, Malaysia and China. Written in clear and accessible language, the fourteen chapters in this book shed light on the important question of how litigation may unfold as a potential regulatory pathway towards decarbonization in the world's most populous region.

Introduction Daniel Hornung, Douglas A. Kysar and Jolene Lin
Part I. Theoretical Underpinnings and Implications of Climate Change Litigation: 1. Uncommon law: judging in the Anthropocene Joshua Ulan Galperin and Douglas A. Kysar
2. Networked public interest litigation: a novel framework for climate claims? Ketan Jha
Part II. International Law and International Adjudication: 3. Using human rights law to address the impacts of climate change: early reflections on the carbon majors inquiry Annalisa Savaresi and Jacques Hartmann
4. Litigating human rights violations related to the adverse effects of climate change in Pacific islands Margaretha Wewerinke-Singh
5. The potential for UNCLOS climate change litigation to achieve effective mitigation outcomes Millicent McCreath
6. Investor-state dispute settlement in renewable energy: friend or foe to climate change? Hui Pang
Part III. Domestic Law and Domestic Adjudication: 7. 'Next generation' climate change litigation in Australia Jacqueline Peel, Hari M. Osofsky and Anita Foerster
8. Climate change litigation: a possibility for Malaysia? Maizatun Mustafa
9. A tale of climate justice: the Indonesian case – hope or not? Andri G. Wibisana and Conrado M. Cornelius
10. From Shehla Zia to Asghar Leghari: pronouncing unwritten rights is more complex than a celebratory tale Waqqas Ahmad Mir
11. Climate change adaptation litigation: a view from Southeast Asia Jacqueline Peel and Jolene Lin
Part IV. China, Courts and Climate Change: 12. Climate change litigation: a promising way to climate justice in China? Jiangfeng Li
13. The subordinate and passive position of Chinese courts in environmental governance Zhu Yan
14. Tort-based public interest litigation on air pollution in China: a promising pathway for Chinese climate change litigation? Yue Zhao, Wei Liu and Shuang Lyu
Index.

Subject Areas: Environment law [LNKJ], Public international law [LBB], International law [LB], United Nations & UN agencies [JPSN1]