Because that American government and congress hold a negative attitude on responding to climate change issue, people transfer the battle stage of climate change to the court,and hope to promote government and large en...Because that American government and congress hold a negative attitude on responding to climate change issue, people transfer the battle stage of climate change to the court,and hope to promote government and large energy companies actively responding to climate change issue via litigation form. A large amount of related litigation appears,and a kind of special litigation type is gradually formed, namely climate change litigation. National Environmental Policy Act of the United States is one of important legal weapons used by prosecutor in climate change litigation. In National Environmental Policy Act, it stipulates environmental impact evaluation system which has close relationship with climate change litigation. The system requires that federal agency ＂ should compile detailed environmental impact report （EIS） on major federal action which significantly affects human survival environment quality＂. Litigation case of Export - Import Bank of the United States and Overseas Private Investment Corporation by Fdends of the Earth, Green Peace, Boulder City, etc. is typical one related to the act. We try to evaluate and analyze text and case of the act.展开更多
In accordance with the canonical sources of the right of legal claim,the targets of judicial review,and the intensity of judicial review intervention policies,lawsuits that directly and indirectly activate the functio...In accordance with the canonical sources of the right of legal claim,the targets of judicial review,and the intensity of judicial review intervention policies,lawsuits that directly and indirectly activate the function of human rights protection amid climate risks can be divided into the following categories:climate change lawsuits based on international human rights law,climate change lawsuits based on the domestic constitution,and judicial review of administrative procedures.Due to the singularity of the legal status and force of international human rights law,its“direct applicability”and“explanatory applicability”limit its function in protecting human rights;Climate change lawsuits based on domestic constitutions have the identification of basic right of claim,the judgment of basic rights and function,and the scope of state obligations as the judgment process.Factors such as the difficulty in right typification caused by the integration of climate law and interests,the expansion of discretionary and administrative power in legislation under the context of risk prevention,and the functional boundary of the judicial system cause the dysfunction of the dichotomous review standard of positive rights and negative rights.Procedural rights represent an important dimension of climate-related human rights.With the standardization of administrative procedures on addressing climate risks,the courts are gradually reinforcing decision-making authorities’obligation of due diligence through judicial review of risk decision-making procedures,thus indirectly guaranteeing the realization of tangible human rights.展开更多
In recent years,the world has witnessed an increasing number of climate change lawsuits.Individuals and organizations are now employing lawsuits as a tactic to push forward climate change legislation.However,the tradi...In recent years,the world has witnessed an increasing number of climate change lawsuits.Individuals and organizations are now employing lawsuits as a tactic to push forward climate change legislation.However,the traditional model of tort-based lawsuit turns out to have an unfavorable outcome for the plaintiffs.The plaintiffs are faced with difficulties in different steps of legal reasoning including civil wrong,tortious act and causation.Besides,even if the plaintiffs win the lawsuit,enforcement of civil courts is limited.The defendants can only be sentenced compensation and finish their responsibility by paying a certain amount of money instead of taking methods to save the climate.In fact,the case-by-case nature of tort-based lawsuit makes it ineffective to slow down climate change.Plaintiffs,often individuals or non-profit organizations are faced with disparity in legal resources with the defendants,often giant enterprises.With the difficulties,more and more plaintiffs now turn their eyes on right-based lawsuit to save the climate.Ultimately,litigation is only a temporary tactic to fill the gap before the existence of laws about climate change.Governments should speed up the process of legislation,and introduce strong administrative supervision to climate change,to save the climate.展开更多
文摘Because that American government and congress hold a negative attitude on responding to climate change issue, people transfer the battle stage of climate change to the court,and hope to promote government and large energy companies actively responding to climate change issue via litigation form. A large amount of related litigation appears,and a kind of special litigation type is gradually formed, namely climate change litigation. National Environmental Policy Act of the United States is one of important legal weapons used by prosecutor in climate change litigation. In National Environmental Policy Act, it stipulates environmental impact evaluation system which has close relationship with climate change litigation. The system requires that federal agency ＂ should compile detailed environmental impact report （EIS） on major federal action which significantly affects human survival environment quality＂. Litigation case of Export - Import Bank of the United States and Overseas Private Investment Corporation by Fdends of the Earth, Green Peace, Boulder City, etc. is typical one related to the act. We try to evaluate and analyze text and case of the act.
文摘In accordance with the canonical sources of the right of legal claim,the targets of judicial review,and the intensity of judicial review intervention policies,lawsuits that directly and indirectly activate the function of human rights protection amid climate risks can be divided into the following categories:climate change lawsuits based on international human rights law,climate change lawsuits based on the domestic constitution,and judicial review of administrative procedures.Due to the singularity of the legal status and force of international human rights law,its“direct applicability”and“explanatory applicability”limit its function in protecting human rights;Climate change lawsuits based on domestic constitutions have the identification of basic right of claim,the judgment of basic rights and function,and the scope of state obligations as the judgment process.Factors such as the difficulty in right typification caused by the integration of climate law and interests,the expansion of discretionary and administrative power in legislation under the context of risk prevention,and the functional boundary of the judicial system cause the dysfunction of the dichotomous review standard of positive rights and negative rights.Procedural rights represent an important dimension of climate-related human rights.With the standardization of administrative procedures on addressing climate risks,the courts are gradually reinforcing decision-making authorities’obligation of due diligence through judicial review of risk decision-making procedures,thus indirectly guaranteeing the realization of tangible human rights.
文摘In recent years,the world has witnessed an increasing number of climate change lawsuits.Individuals and organizations are now employing lawsuits as a tactic to push forward climate change legislation.However,the traditional model of tort-based lawsuit turns out to have an unfavorable outcome for the plaintiffs.The plaintiffs are faced with difficulties in different steps of legal reasoning including civil wrong,tortious act and causation.Besides,even if the plaintiffs win the lawsuit,enforcement of civil courts is limited.The defendants can only be sentenced compensation and finish their responsibility by paying a certain amount of money instead of taking methods to save the climate.In fact,the case-by-case nature of tort-based lawsuit makes it ineffective to slow down climate change.Plaintiffs,often individuals or non-profit organizations are faced with disparity in legal resources with the defendants,often giant enterprises.With the difficulties,more and more plaintiffs now turn their eyes on right-based lawsuit to save the climate.Ultimately,litigation is only a temporary tactic to fill the gap before the existence of laws about climate change.Governments should speed up the process of legislation,and introduce strong administrative supervision to climate change,to save the climate.
