|
İÇİNDEKİLER
TABLE OF CONTENTS
FOREWORD 7
ABOUT THE BOOK 9
TABLE OF CONTENTS 11
ABBREVIATIONS 13
INTRODUCTION 15
FIRST CHAPTER
CLIMATE CHANGE LITIGATION AS A PLANET DEFENDER
I. THE CONCEPT OF CLIMATE CHANGE LITIGATION 17
A. Definition of Climate Change 17
B. Historical Efforts to Combat Climate Change 20
1. UNFCCC 21
2. Kyoto Protocol 22
3. Copenhagen Accord 23
4. Paris Agreement 25
C. The Scope of Climate Change Litigation 28
D. The Legal Framework of Climate Change Litigation 30
II. TYPES OF CLIMATE CHANGE LITIGATION 32
A. Climate Change Litigation Against States 34
1. Weak Legal Framework 36
a. Neubauer v. Germany Case 36
b. Urgenda v. State of the Netherlands Case 38
2. Failure to Adopt 41
a. Torres Strait Islanders Case 41
b. KlimaSeniorinnen Case 45
B. Climate Change Litigation Against Corporations 48
1. Climate–Related Duties of the Corporations 57
2. Greenwashing 61
3. The Personalization of Climate Liability 66
4. Shareholder Activism 69
SECOND CHAPTER
ENVIRONMENTAL RULE OF LAW AS A BAROMETER FOR ACCOUNTABLE STATES
I. THE CONCEPT OF ENVIRONMENTAL RULE OF LAW 75
A. Definition of the Environmental Rule of Law 75
B. Reasons for the Lack of Adequate Implementation of the
Environmental Rule of Law 78
C. Relationship Between the Environmental Rule of Law and Human
Rights 80
D. Environmental Human Rights Defenders (EHRs) 82
II. LEGISLATIVE AND POLICY COMMITMENTS OF STATES FOR THE
ENVIRONMENTAL RULE OF LAW 84
A. Transformation of The States for the New Environmental Era 84
1. Financial Transformation 87
2. Procedural Transformation 89
B. Regular Global Assessment of the Environmental Rule of Law 93
C. Role of the States in Regulating Corporations 95
THIRD CHAPTER
THE EFFECTS OF CLIMATE CHANGE LITIGATION ON CLIMATE POLICY MAKING
I. INFORMED AND ENGAGED PUBLIC 99
A. Rights of Children 101
1. General Comment No. 26 on Children’s Rights and the
Environment with a Special Focus on Climate Change 106
B. Cultural Rights of Indigenous People 107
C. Rights of Nature 111
D. Gender Equality 117
1. Feminist Climate Justice 120
II. ROLE OF THE COURTS IN CLIMATE POLICY–MAKING 127
III. CLIMATE SCIENCE AS A COMMON LANGUAGE 131
CONCLUSION 135
BIBLIOGRAPHY 139 |
Bilgisayar, Teknoloji Kitapları 
