Bending the Arc
Strategic Litigation in the Public Interest
- Open Access
Bending the Arc
Strategic Litigation in the Public Interest
- Open Access
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Description
Can strategic litigation be implemented effectively to instigate societal change? This open access collection asks this question, through both an academic and a practitioner lens.
It explores the role of strategic litigation in addressing particular pressing challenges, such as achieving justice for war crimes in Ukraine, the rights of Palestinians in Israel, combatting climate change, or challenging the power of social media companies. The contributors examine case selection, implementation, forum selection, client relations, and impact assessment. By bringing varied perspectives to bear on the issues considered, it creates a unique resource, for both students and scholars studying litigation as a vehicle for combating injustice. It will also be essential reading for any-one contemplating bringing a case, who needs to understand the required tasks at different stages. This burgeoning area of law is set only to grow in importance and influence, and this book is a significant contribution to its development.
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 the Open Society Institute.
Table of Contents
1. Strategic Litigation: Learning from Decades of Experience, Bronwen Manby & James A. Goldston
Part Two: Context: Choice of Case, Forum and Frame
2. With All Deliberate Speed: Strategic Litigation for Immigrants' Rights During the Second Trump Administration, Anthony Enriquez
3. Framing Political and Policy Conflict as Justiciable Claims: Strategic Litigation, Courts and Development Governance in Kenya, Waikwa Wanyoike
4. Forum Selection in Emerging Technology Cases: Lessons from the Kenyan Courts for Anchoring Transnational Accountability in the Global South, Nora Mbagathi
5. Towards Participatory Litigation in Response to Democratic Backsliding in Hungary, Stefánia Kapronczay
6. Litigation and Legitimation in Palestine, Hassan Jabareen
Part Three: Pursuing a Case
7. Daring to Dream; Inventing New Methods: Strategic Litigation and the Indian Supreme Court, Colin Gonsalves
8. Litigation on behalf of HIV-Positive Clients in Russia: Pushing Back on Closing Space, Pavel Chikov
9. The Law as a Means of Resistance and Transformation: The Work of Women's Link Worldwide to Advance Social Change and Justice, Jovana Rios
10. NGO Factfinding as a Driver of Accountability for the Syrian Government's Use of Chemical Weapons, Steve Kostas
11. Toward Representational Justice Through Non-party Interventions Centring the 'Partyless', Natasha Arnpriester
Part Four: Actors
12. Strategic Litigation from the Perspective of States and Regional Organizations: The Case of the African Union at the International Criminal Court, Charles Jalloh
13. Protecting the Amazon Forest: The Case for Transnational Trade Litigation & the Role of Community Leadership, Daniela Ikawa
14. Who Uses Law? Power, Law, and Extra-legal Subjects, Laura Bingham
15. Building Organizations to Reimagine Public Interest Litigation in Japan, Motoki Taniguchi and Clarisse Ikeda Larcher
16. Political Party Strategic Litigation Before the Brazilian Supreme Federal Tribunal Under Jair Bolsonaro's Government, Oscar Vilhena Vieira, Eloísa Machado de Almeida and Luíza Pavan Ferraro
17. Judging Strategic Litigation, Susanne Baer
Part Five: Outcomes
18. Strategically Litigating to Thwart Russian Influence: A Tale of Nuclear Intrigue, War Crimes and the Importance of Pragmatically Crafting Challenges and Remedies, Max du Plessis and Andreas Coutsoudis
19. Litigating Armed Conflict: Proliferating Practice, Progress and Peril, Helen Duffy
20. Febrile Causes and Fragile Forums: Strategic Litigation in Regional Courts and Tribunals in Africa, Chidi Anselm Odinkalu
21. Climate Protection and Intergenerational Justice in Constitutional Law: Assessing the Impact of the Neubauer Judgement, Francesca Mascha Klein & Roda Verheyen
22. Litigating Disaster: Climate Change in Strasbourg, Stephen Humphreys
Part Six: Conclusion
23. The Future of Strategic Litigation, James A. Goldston
Product details
| Published | 24 Jun 2027 |
|---|---|
| Format | Hardback |
| Edition | 1st |
| Pages | 448 |
| ISBN | 9781509986330 |
| Imprint | Hart Publishing |
| Dimensions | 234 x 156 mm |
| Publisher | Bloomsbury Publishing |
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