Enforcing International Climate Change Law in Domestic Courts: A New Trend of Cases for Boosting Pri...

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" Enforcing International Climate Change Law in Domestic Courts: A New Trend of Cases for Boosting Principle 10 of the Rio Declaration? "
Colombo, Esmeralda

Document Type	:	AL
Record Number	:	931639
Doc. No	:	LA7g98s7f3
Language of Document	:	English
Main Entry	:	Colombo, Esmeralda
Title & Author	:	Enforcing International Climate Change Law in Domestic Courts: A New Trend of Cases for Boosting Principle 10 of the Rio Declaration? [Article]\ Colombo, Esmeralda
Title of Periodical	:	UCLA Journal of Environmental Law and Policy
Volume/ Issue Number	:	35/1
Date	:	2017
Abstract	:	This paper takes international climate change law norms as a given, and instead turns to their implementation in domestic courts as one of the possible enforcement strategies for advancing the protection of the climate. The enforcement of climate change law is overviewed at the international law level and portrayed in the context of domestic courts. In order to flesh out such a proposal as the latter, the viability of procedural rights, as embodied in Principle 10 of the Rio Declaration, is assessed and compared with substantive rights as a possible leverage of enforcement in the sphere of climate change law. Such leverage is pictured out within the first two judicial decisions applying international law for the protection of the climate in domestic courts, namely the Urgenda decision from the Netherlands, and the Leghari decision from Pakistan. The legacy of each of those is evaluated under the prong of judicial globalization and international climate policy.