TY - CHAP
T1 - Climate litigation within the United Nations system – unity, pluralism, and a common goal
AU - Lopes, José Alberto Azeredo
AU - Tavares, Maria Isabel
N1 - Publisher Copyright:
© 2025 CRC Press.
PY - 2025/1/1
Y1 - 2025/1/1
N2 - 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.
AB - 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.
UR - https://www.scopus.com/pages/publications/105023726104
U2 - 10.4324/9781003540977-9
DO - 10.4324/9781003540977-9
M3 - Chapter
AN - SCOPUS:105023726104
SN - 9781032867892
SN - 9781032890487
SP - 161
EP - 186
BT - Climate change before international courts
A2 - Gomes, Carla
A2 - Oliveira, Heloísa
A2 - Rocha, Armando
PB - Routledge, Taylor & Francis Group
CY - London
ER -