Adjudicating Climate Change

Melanie Murcott is Associate Professor of Public Law at the University of Cape Town, South Africa.Myriam Gicquello is Lecturer in Mediation and Alternative Dispute Resolution, Newcastle University, UK.

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.

• List of contributors ForewordAcknowledgments IntroductionMyriam 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 Factors2. Contested Histories, Positionality and the Judiciary in the United-Kingdom, Canada and the United-StatesJessica 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 AfricaJames 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-StatesMyriam Gicquello (Newcastle University, UK)PART 2: Outward-Looking Extra-Legal Factors5. Adjudicating Climate Injustice in Postcolonial African Environmental Literatures: Imbolo Mbue’s How Beautiful We Were as Legal Archive and TestimonyPaul Ugor (University of Waterloo, Canada)6. Charting the Indigenous Experience of Climate Litigation and Environmental Advocacy in AustraliaHarjeevan 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 FarmersNairita Roy Chaudhuri (Tilburg University, The Netherlands) 8. State Responsibility and Climate Justice: Extra-Legal Influences in Latin American CourtsSol Meckievi (University of Oxford, University of Cambridge, UK)9. Climate Anxiety as Injustice and Climate Education as Empowerment: Lessons for AdjudicationSilvia 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 DamageArpitha 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 LessonsMyriam Gicquello (Newcastle University, UK), Melanie Jean Murcott (University of Cape Town, South Africa) and Emily Webster (Late of University of Cambridge, UK).Index