Adjudicating Climate Change
Exploring Extra-Legal Factors
Myriam Gicquello (Anthology Editor) , Melanie Jean Murcott (Anthology Editor) , Emily Webster (Anthology Editor)
- Open Access
Adjudicating Climate Change
Exploring Extra-Legal Factors
Myriam Gicquello (Anthology Editor) , Melanie Jean Murcott (Anthology Editor) , Emily Webster (Anthology Editor)
- Open Access
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Description
This volume considers the important role that judges can play in responding to the global challenge of climate change. Rather than focusing on how judges are employing legal doctrine to adjudicate climate change, chapters in this volume explore an array of factors beyond the law that influence what happens inside courtrooms when climate change is adjudicated.
These 'extra-legal factors' include judges' psychology and their socio-economic and educational backgrounds, judicial appointment processes, legal culture and legal philosophy, as well as and various influences on who brings litigation on climate change issues before judges, the evidence they adduce and the strategies they employ, including literature and counter-hegemonic knowledge production, political economy, political ecology, history and climate science.
Authors explore the influence of extra-legal factors in a multidisciplinary manner from Global South and Global North perspectives – drawing on case studies from Africa, Asia, Europe, Latin and North America and Oceania.
The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Newcastle Law School (United Kingdom), the Department of Land Economy, Cambridge and Queens' College, Cambridge.
Table of Contents
Foreword
Acknowledgments
Introduction
Myriam Gicquello (Newcastle University, UK), Melanie Jean Murcott (University of Cape Town, Lawtons Africa, South Africa) and Emily Webster (Late of University of Cambridge, UK).
1. Beyond Legal Doctrine: Justifying an Analysis of Extra-Legal Factors Shaping Climate Adjudication.
Myriam Gicquello (Newcastle University, UK), Melanie Jean Murcott (University of Cape Town, South Africa), Emily Webster (University of Cambridge, UK) and Allan Basajjasubi (Natural Justice, South Africa)
PART 1: Inward-Looking Extra-Legal Factors
2. Contested Histories, Positionality and the Judiciary in the United-Kingdom, Canada and the United-States
Jessica Crow (University of Cambridge, UK) and Tejas Rao (University of Cambridge, UK)
3. On the Relationship Between the Federal Judicial Appointments Process and Recognition of Climate Rights in the United-States and South Africa
James R. May (Washburn University, USA) and Chris Oxtoby (University of Cape Town, South Africa)
4. Feelings Over (Legal) Reason: The Impact of Pre-Existing Beliefs and Ideologies on Climate Adjudication in the United-States
Myriam Gicquello (Newcastle University, UK)
PART 2: Outward-Looking Extra-Legal Factors
5. Adjudicating Climate Injustice in Postcolonial African Environmental Literatures: Imbolo Mbue's How Beautiful We Were as Legal Archive and Testimony
Paul Ugor (University of Waterloo, Canada)
6. Charting the Indigenous Experience of Climate Litigation and Environmental Advocacy in Australia
Harjeevan S. Narulla (Doughty Street Chambers, University of Oxford, London School of Economics, UK) and Ganur Maynard (North Australian Aboriginal Justice Agency, Darwin, Australia)
7. Vernacularising Climate Change Adjudication in India: Seeing the 'Other' Way from the Perspective of Subaltern Farmers
Nairita Roy Chaudhuri (Tilburg University, The Netherlands)
8. State Responsibility and Climate Justice: Extra-Legal Influences in Latin American Courts
Sol Meckievi (University of Oxford, University of Cambridge, UK)
9. Climate Anxiety as Injustice and Climate Education as Empowerment: Lessons for Adjudication
Silvia Cesa-Bianchi (University of Milano-Bicocca, Italy, Sciences Po Paris, France), Rob Amos (Birkbeck University of London, UK) and Debbie Sparks (University of Cape Town, South Africa)
10. Climate Litigation as Template-Making: Adjudication and Homogenisation of Legal Strategies on Loss and Damage
Arpitha Kodiveri (Vassar College, USA)
11. Climate Science in European Courtrooms: More than an Extra-Legal Factor?
Birgit Peters (University of Trier, Germany) and Matteo Fermeglia (University of Amsterdam, The Netherlands)
Conclusion: Key Lessons
Myriam Gicquello (Newcastle University, UK), Melanie Jean Murcott (University of Cape Town, South Africa) and Emily Webster (Late of University of Cambridge, UK).
Index
Product details
| Published | 18 Feb 2027 |
|---|---|
| Format | Hardback |
| Edition | 1st |
| Pages | 272 |
| ISBN | 9781350501621 |
| Imprint | Bloomsbury Academic |
| Dimensions | 234 x 156 mm |
| Series | Global Challenges in the Environmental Humanities |
| Publisher | Bloomsbury Publishing |
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