Is climate change litigation an effective strategy for promoting greater action to address climate change? : what other legal mechanisms might be appropriate? / Anna Huggins.

Sydney : Law Book, 2008.

199936

LIability (Law) Australia.

Negligence Australia.

Torts.

Climatic changes -- Law and legislation.

Liability for environmental damages.

Human rights Australia.

In recent times a widespread consensus on the reality and gravity of anthropogenic climate change has emerged. Perceived inadequacies in the Australian government's legal and policy responses to climate change issues have resulted in environmental activists increasingly turning to the courts as a strategy to promote greater action to address adverse climate impacts. The efficacy of this strategy for achieving climate goals is limited by the time and expense of litigating, the restrictions inherent in environmental law administrative challenges, and the possibility that judicial decisions may be overruled by the legislature. To date, climate change litigation in Australia has met with varied success, yet its significance extends beyond the court room as an important mechanism for raising public, political and commercial awareness about climate change issues. Ultimately, however, the types of far-reaching changes needed to mitigate and manage adverse climate impacts require strong regulatory backing. The most effective approach to addressing the complex challenges posed by climate change is a coordinated suite of regulatory measures spearheaded by the Federal Government. Climate change litigation is a relatively new phenomenon in Australia but recent decisions ruling in favour of the arguments of environmental applicants suggest that it is a trend that will only continue to grow in the coming years. - Abstract.

1 online resource (pages 184-191) : digital, PDF