International Climate Change Litigation and the Negotiation Process
Article from: TDM 1 (2011), in Roundup of Articles
The author states that a large part of the relevant legal literature suggests that the main polluting nations can be held responsible under international law for the harmful effects of their greenhouse-gas emissions. As a result affected countries may have a substantive right to demand the cessation of a certain amount of emissions. In selected cases they also have the procedural means to pursue an inter-state litigation in an international judicial forum such as the International Court of Justice in The Hague. This paper outlines a possible legal argument for such a lawsuit and ...