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Why understanding the legally disruptive nature of climate change matters

Liz Fisher, Eloise Scotford, and Emily Barritt:  “It is now commonly recognized by governments that climate change is an issue that must be addressed. The 21st Conference of Parties to the United Nations Framework Convention on Climate Change to be held in Paris in December 2015 is the most high profile example of this, but there are also many examples of governments beginning to craft national and supranational regulatory responses. Climate change has also begun to give rise to many different types of litigation and there is a rich literature charting this. The ‘super wicked’ characterization of climate change as a scientific problem has resulted in a determined focus on finding solutions. Regulatory talk is in terms of catchphrases: ‘mitigation’, ‘adaption’, ‘prevention.’ Court cases are understood as victories or defeats for litigants attempting to promote action in relation to climate change. And the international treaty process is seen as the ultimate panacea. Regulation and international treaties are important, but equally important is to understand exactly what type of problem climate change is. Only with that understanding can long-lasting legal responses to climate change be developed. There are many different social dimensions to climate change as a problem but the most obvious to us as lawyers is its impact upon the everyday operation of law and governance.”
  • Explore our 2015 Earth Day virtual collection of journal articles, including three from Journal of Environmental Law. The Journal of Environmental Law is delighted to be involved in initiating a further conversation about these issues through its support of a judicial workshop and two public lectures this September. These events are organised by the Dickson Poon School of Law, KCL, in association with the UK Supreme Court. The aim of these events is to engage fully with the adjudicative challenges posed by climate change, so that lawyers and judges can begin to understand how best to respond to them.” THE ARTICLES WILL BE FREELY AVAILABLE UNTIL 31ST JULY 2015

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