Climate Change and the Role of the Courts: Litigation and Mitigation in Aotearoa New Zealand.
| Autor: | Lyes, Georgina |
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| Zdroj: | New Zealand Journal of Environmental Law; 2023, Vol. 27 Issue 1, p37-67, 31p |
| Abstrakt: | This article addresses the role of the courts in climate change governance and considers possible avenues for involving the courts to compel government towards climate change action in Aotearoa New Zealand. The use of tort arguments in climate change litigation and its applicability in the New Zealand courts is argued as placing untenable strain on long-standing doctrines. Finally, the largely unexplored potential for administrative law as a mechanism for compelling the New Zealand Government to take climate action is explored, suggesting that a public law approach is best placed to accommodate the legally disruptive nature of climate change. [ABSTRACT FROM AUTHOR] |
| Databáze: | Complementary Index |
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