Characterising Climate Change Litigation in Australia
Journal article
Hamilton, Mark. (2023). Characterising Climate Change Litigation in Australia. Environmental and Planning Law Journal. 39(6), pp. 539-556.
Authors | Hamilton, Mark |
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Abstract | Given the dire nature of climate change and its potential impacts on the Earth, it is not surprising that litigation has been called in aid to try and arrest climate change. In Australia, such litigation has said to have followed three waves; from litigation directed to compliance with environmental and planning legislation, through action alleging an infringement of constitutional or human rights, to the employment of corporation law to hold key players to account for the failure to mitigate, adapt to, or disclose the transactional risks of climate change. Wave analysis of climate change litigation in Australia from 1994 to 2022 demonstrates the evolution of such litigation and provides vital data for a future exploration of the role of restorative justice in that context. |
Keywords | law; climate change; litigation; environmental planning; environmental legislation; human rights; Constitutional rights; corporation law; restorative justice |
Year | 01 Jan 2023 |
Journal | Environmental and Planning Law Journal |
Journal citation | 39 (6), pp. 539-556 |
Publisher | Lawbook Co. (Thomson Reuters) (Aust) |
ISSN | 0813-300X |
Web address (URL) | https://search.informit.org/doi/10.3316/informit.T2024030500013691388295401 |
Open access | Published as non-open access |
Research or scholarly | Research |
Page range | 539-556 |
Publisher's version | License All rights reserved File Access Level Controlled |
Output status | Published |
Publication dates | |
Dec 2023 | |
Publication process dates | |
Deposited | 13 Jun 2024 |
Additional information | © 2024 Thomson Reuters. All rights reserved. |
Place of publication | Australia |
https://acuresearchbank.acu.edu.au/item/90943/characterising-climate-change-litigation-in-australia
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