Climate litigation within the United Nations system – unity, pluralism, and a common goal

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Abstract

This chapter analyses the growing trend of climate litigation within the United Nations system, with a focus on nuclear jurisdictional bodies such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), and UN human rights treaty-based mechanisms. The discussion examines key aspects of these institutions, including legal standing, the potential intervention of third parties, and the exercise of both contentious and advisory jurisdiction by the ICJ and ITLOS. Regarding UN human rights treaty-based mechanisms, the chapter highlights the role of individual complaints in addressing climate-related issues. In conclusion, the chapter explores the potential of these legal avenues to drive global climate action and the challenges associated with enforcing rulings in an increasingly fragmented international legal landscape.
Original languageEnglish
Title of host publicationClimate change before international courts
Subtitle of host publicationa comparative study
EditorsCarla Gomes, Heloísa Oliveira, Armando Rocha
Place of PublicationLondon
PublisherRoutledge, Taylor & Francis Group
Pages161-186
Number of pages26
Edition1
ISBN (Electronic)9781040423967
ISBN (Print)9781032867892, 9781032890487
DOIs
Publication statusPublished - 1 Jan 2025

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