東華大學圖書館 |

語系: 繁體中文

說明(常見問題)

回圖書館首頁

手機版館藏查詢

登入

回首頁

切換: 標籤 | MARC模式 | ISBD

FindBook

Google Book

Amazon

博客來

Adapting Hybrid Courts to Drive Transnational Climate Accountability.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Adapting Hybrid Courts to Drive Transnational Climate Accountability./
作者:	Nwokolo, Ifeanyi Emmanuel.
面頁冊數:	1 online resource (155 pages)
附註:	Source: Masters Abstracts International, Volume: 84-03.
Contained By:	Masters Abstracts International84-03.
標題:	Law. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=29393109click for full text (PQDT)
ISBN:	9798351422244

Adapting Hybrid Courts to Drive Transnational Climate Accountability.
Nwokolo, Ifeanyi Emmanuel.

Adapting Hybrid Courts to Drive Transnational Climate Accountability. - 1 online resource (155 pages)

Source: Masters Abstracts International, Volume: 84-03.

Thesis (LL.M.)--University of Windsor (Canada), 2022.

Includes bibliographical references

Climate change is a complex and transboundary problem poised to become increasingly worse unless concrete action is taken by all parties concerned to stem the catastrophe and dial back the levers to climate collapse. The brunt of climate change is being felt across the world but particularly in Global South countries with limited capacity to mitigate the damage caused by these changes. To respond to this challenge, governments acting in concert under the auspices of the UN as well as domestically are putting in place laws aimed at stemming the tide. However, legislation has come up short owing to a number of factors including economic and social considerations, corporate interference in the political process of rule-making, and the lacunae in the climate laws of various countries. These shortcomings underscore the place of climate litigation as a complementary tool for climate regulation as well as remediation. But even litigation, especially transnational climate litigation, has its own shortcomings represented in questions of extraterritoriality and sovereignty, issues of fora, conflict of laws, causation, standing, and enforcement of foreign judgments. For the Global South particularly, the extra challenges of weak institutions, incapacity of personnel, and partiality (whether perceived or actual) further serve to constrain effective transnational climate litigation, limiting access to justice generally and marginalizing Global South voices in the emergent legal regime on climate change being written through case laws. I propose that hybrid courts will be able to address the twin issues of extraterritoriality of cause of action, and the need to mainstream Global South voices in the emergent legal regime on climate change. I argue this possibility by contemplating the architecture of hybrid courts which integrates national and international law structures including personnel and laws, as well as the funding necessary to procure much-needed capacity to infuse legitimacy into the process and respond to the extraterritoriality questions.

Electronic reproduction.
Ann Arbor, Mich. :
ProQuest,
2023

Mode of access: World Wide Web

ISBN: 9798351422244Subjects--Topical Terms:

600858
Law.
Subjects--Index Terms:

Climate changeIndex Terms--Genre/Form:

542853
Electronic books.

Adapting Hybrid Courts to Drive Transnational Climate Accountability.
LDR:03481nmm a2200409K 4500 001 2362179
005 20231027103329.5
006 m o d
007 cr mn ---uuuuu
008 241011s2022 xx obm 000 0 eng d
020 $a 9798351422244
035 $a (MiAaPQ)AAI29393109
035 $a AAI29393109
040 $a MiAaPQ $b eng $c MiAaPQ $d NTU
100 1 $a Nwokolo, Ifeanyi Emmanuel. $3 3702896
245 1 0 $a Adapting Hybrid Courts to Drive Transnational Climate Accountability.
264 0 $c 2022
300 $a 1 online resource (155 pages)
336 $a text $b txt $2 rdacontent
337 $a computer $b c $2 rdamedia
338 $a online resource $b cr $2 rdacarrier
500 $a Source: Masters Abstracts International, Volume: 84-03.
500 $a Advisor: Waters, Christopher;Galvao-Ferreira, Patricia.
502 $a Thesis (LL.M.)--University of Windsor (Canada), 2022.
504 $a Includes bibliographical references
520 $a Climate change is a complex and transboundary problem poised to become increasingly worse unless concrete action is taken by all parties concerned to stem the catastrophe and dial back the levers to climate collapse. The brunt of climate change is being felt across the world but particularly in Global South countries with limited capacity to mitigate the damage caused by these changes. To respond to this challenge, governments acting in concert under the auspices of the UN as well as domestically are putting in place laws aimed at stemming the tide. However, legislation has come up short owing to a number of factors including economic and social considerations, corporate interference in the political process of rule-making, and the lacunae in the climate laws of various countries. These shortcomings underscore the place of climate litigation as a complementary tool for climate regulation as well as remediation. But even litigation, especially transnational climate litigation, has its own shortcomings represented in questions of extraterritoriality and sovereignty, issues of fora, conflict of laws, causation, standing, and enforcement of foreign judgments. For the Global South particularly, the extra challenges of weak institutions, incapacity of personnel, and partiality (whether perceived or actual) further serve to constrain effective transnational climate litigation, limiting access to justice generally and marginalizing Global South voices in the emergent legal regime on climate change being written through case laws. I propose that hybrid courts will be able to address the twin issues of extraterritoriality of cause of action, and the need to mainstream Global South voices in the emergent legal regime on climate change. I argue this possibility by contemplating the architecture of hybrid courts which integrates national and international law structures including personnel and laws, as well as the funding necessary to procure much-needed capacity to infuse legitimacy into the process and respond to the extraterritoriality questions.
533 $a Electronic reproduction. $b Ann Arbor, Mich. : $c ProQuest, $d 2023
538 $a Mode of access: World Wide Web
650 4 $a Law. $3 600858
650 4 $a Climate change. $2 bicssc $3 2079509
650 4 $a International law. $3 560784
653 $a Climate change
653 $a Climate litigation
653 $a Environmental law
653 $a Human rights
653 $a Hybrid courts
653 $a Transnational law
655 7 $a Electronic books. $2 lcsh $3 542853
690 $a 0398
690 $a 0404
690 $a 0616
710 2 $a ProQuest Information and Learning Co. $3 783688
710 2 $a University of Windsor (Canada). $b Law. $3 3430556
773 0 $t Masters Abstracts International $g 84-03.
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=29393109 $z click for full text (PQDT)