The Role of Advisory Opinions in International Law in the Context of the Climate Crisis by Tigre, Maria Antonia; Rocha, Armando;

Rövid leírás:

This book explores the transformative role of advisory opinions in international climate law, analyzing the requests before three international and regional courts and tribunals called to interpret and translate States? climate change obligations under international law.

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Hosszú leírás:

This work was supported by Católica Research Centre for the Future of Law and Vieira de Almeida & Associados.



2024-2025 marks a pivotal shift in international climate law, as advisory opinions before international and regional courts and tribunals begin to shape the global response to the climate crisis. With one advisory opinion already issued and two more anticipated in 2025, this collective effort to define and enforce States? climate obligations is gaining momentum. This book captures this critical juncture, featuring chapters by leading scholars and litigators involved in these landmark advisory opinions. Against the backdrop of decades of domestic climate litigation, the transition to international courts reflects the urgent need for global solutions to a challenge that transcends borders, offering vital insights for the path forward.

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Tartalomjegyzék:

Foreword: Advisory Opinions from Icj, Itlos, And Iacthr: Expectations and Risks

List of Abbreviations

Notes on Contributors



1 The Role of Advisory Opinions in International Law in the Context of the Climate Crisis: an Introduction

 Maria Antonia Tigre and Armando Rocha,

Section 1: Advisory Opinions as Instruments of Climate Governance

2 Advisory Opinions and the Development of International Law: an Opportunity for Climate Change Law?

 Rita Guerreiro Teixeira and Patrícia Galv?o Teles



3 The Climate-Related Obligations under the UNCLOS, the ACHR, and International Law in General

 Alice Ollino and Irini Papanicolopulu



4 Jurisdictional Ingenuity in Pursuit of Promoting States? Obligationsin the Context of the Climate Emergency

 Melissa Stewart



5 The Role of Advisory Opinions in International Law in the Context of the Climate Crisis

The Dialogue between the ICJ, the ITLOS, the IACtHR, and the AfCtHPR

 Susan Ann Samuel and Jorge Alejandro Carrillo Ba?uelos



6 An Advisory Opinion on Human Rights and Climate Change in the African Regional Human Rights System

 Dina Lupin and Ruth Nekura

Section 2: Voices and Participation in Advisory Opinion Proceedings

7 Storytelling in the Advisory Proceedings on Climate Change

 Antoine De Spiegeleir



8 Participation in Climate Change Advisory Proceedings: Bridging the Gap between the Judiciary and the International Community

 Miriam Cohen



9 The Role of States in the Requests for Advisory Opinions

 Austyn Campbell, Claire Robertson and Eran Sthoeger



10 The Role of Civil Society in the Climate Change Advisory Proceedings

 Harjeevan S. Narulla and Rohan A. Nanthakumar,

Section 3: The Lasting Impact of Advisory Opinions

11 The Downstream Impact of Advisory Opinions in the Case Law of Other International Bodies and Domestic Litigation

 Lea Main-Klingst and Sophie Marjanac



12 The Impact on Domestic Law of Climate Change-Related Advisory Opinions: the Experience of the IACtHR and the ITLOS

 Gastón Medici-Colombo and Armando Rocha



13 Finding the ?Rosetta Stone?? Concluding Remarks on the Role of Advisory Opinions in International Law in the Context of the Climate Crisis

 Armando Rocha and Maria Antonia Tigre



Appendix 1: Questions Posed in the Advisory Opinion Requests

Appendix 2: Table of International Instruments and National Legislation

Appendix 3: Table of Cases

Index

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