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.
AuthorsHamilton, Mark
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.

Keywordslaw; climate change; litigation; environmental planning; environmental legislation; human rights; Constitutional rights; corporation law; restorative justice
Year01 Jan 2023
JournalEnvironmental and Planning Law Journal
Journal citation39 (6), pp. 539-556
PublisherLawbook Co. (Thomson Reuters) (Aust)
ISSN0813-300X
Web address (URL)https://search.informit.org/doi/10.3316/informit.T2024030500013691388295401
Open accessPublished as non-open access
Research or scholarlyResearch
Page range539-556
Publisher's version
License
All rights reserved
File Access Level
Controlled
Output statusPublished
Publication dates
PrintDec 2023
Publication process dates
Deposited13 Jun 2024
Additional information

© 2024 Thomson Reuters. All rights reserved.

Place of publicationAustralia
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