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The use of elements of the Paris Agreement and IPCC reports in climate litigation

In: Research Handbook on the Law of the Paris Agreement

Author

Listed:
  • Meinhard Doelle
  • with Sara Seck
  • Rose Klug

Abstract

This chapter reviews select climate change cases across jurisdictions to examine the roles that the Paris Agreement and IPCC Reports play in climate litigation. The chapter first provides a backdrop on the legal dimensions of these international instruments, before turning to the state of affairs in current climate litigation. The chapter considers how courts navigate the line between scientific findings of the IPCC reports and normative conclusions arising from the Paris Agreement. It further explores how the directive or discretionary nature of the domestic law involved influences how elements of the Paris Agreement are applied. Finally, trends in the application of the Paris Agreement and IPCC Reports are summarized. These cases show that while global courts are using these international instruments primarily as interpretive aids, both binding and non-binding sources of international law have the potential to continue to play an important role in future climate litigation.

Suggested Citation

  • Meinhard Doelle & with Sara Seck & Rose Klug, 2024. "The use of elements of the Paris Agreement and IPCC reports in climate litigation," Chapters, in: Alexander Zahar (ed.), Research Handbook on the Law of the Paris Agreement, chapter 10, pages 195-214, Edward Elgar Publishing.
  • Handle: RePEc:elg:eechap:20733_10
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    File URL: https://www.elgaronline.com/doi/10.4337/9781800886742.00015
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