Adjudicating Climate Change: Exploring Extra-Legal Factors: Global Challenges in the Environmental Humanities
Editat de Myriam Gicquello, Melanie Jean Murcott, Emily Websteren Limba Engleză Hardback – 18 feb 2027
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.
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Specificații
ISBN-13: 9781350501621
ISBN-10: 135050162X
Pagini: 272
Ilustrații: 5 bw illus
Dimensiuni: 156 x 234 x 25 mm
Greutate: 0.45 kg
Editura: Bloomsbury Publishing
Colecția Bloomsbury Academic
Seria Global Challenges in the Environmental Humanities
Locul publicării:London, United Kingdom
ISBN-10: 135050162X
Pagini: 272
Ilustrații: 5 bw illus
Dimensiuni: 156 x 234 x 25 mm
Greutate: 0.45 kg
Editura: Bloomsbury Publishing
Colecția Bloomsbury Academic
Seria Global Challenges in the Environmental Humanities
Locul publicării:London, United Kingdom
Cuprins
List of contributors
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
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
Recenzii
This inspiring volume offers a compelling exploration of climate litigation beyond the confines of law, bringing together a rich diversity of voices. The collection is marked by a strong sense of intellectual generosity and shared purpose, reflecting the collaborative spirit in which it was brought together. Its multidisciplinary approach illuminates how legal reasoning intersects with the social, political, and scientific dimensions of climate action, and opens new pathways for deeper scholarly engagement with the complex landscape in which climate litigation operates. It will resonate beyond legal scholarship and be of real value to those engaged in advancing climate justice.
Exemplifying multidisciplinarity at its best, this volume brilliantly illuminates the often-overlooked "extra-legal factors" that remain pivotal to adjudicating climate litigation. The constituent essays are wide-ranging in their geographical scope and disciplinary reach, successfully combining analytical depth with empirical breadth. The editors have curated an essential collection for scholars, legal practitioners, and activists interested in influencing the outcome of adjudication for climate justice.
Exemplifying multidisciplinarity at its best, this volume brilliantly illuminates the often-overlooked "extra-legal factors" that remain pivotal to adjudicating climate litigation. The constituent essays are wide-ranging in their geographical scope and disciplinary reach, successfully combining analytical depth with empirical breadth. The editors have curated an essential collection for scholars, legal practitioners, and activists interested in influencing the outcome of adjudication for climate justice.