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 open access edited volume acknowledges that when judges adjudicate climate change issues, their decisions are shaped by far more than positive law. Adopting a pluriversal, socio-legal and multidisciplinary approach, chapters engage with an array of 'extra-legal' factors that inform what happens inside courtrooms, of relevance for climate action more broadly. These factors include judges' psychology; who is appointed as a judge and how that process is designed; legal culture and philosophy; who litigates and how litigation strategies are designed; literature; counter-hegemonic knowledge production; political ecology; climate anxiety; and climate science.
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 | Feb 18 2027 |
|---|---|
| Format | Hardback |
| Edition | 1st |
| Pages | 304 |
| ISBN | 9781350501621 |
| Imprint | Bloomsbury Academic |
| Dimensions | 9 x 6 inches |
| Series | Global Challenges in the Environmental Humanities |
| Publisher | Bloomsbury Publishing |

























