Climate-change
Introduction On Nature and Property
The essays presented in this section start with an essential premise: the ideas we employ to characterize our interactions with the outside world are not neutral. Since ‘nature’ and ‘property’ are abstract concepts and mental constructions, every attempt at individualization should consider historical and geographical factors. Through a combination of empirical, historical, and theoretical approaches, the authors of this special issue examine the differing ideas of how ‘nature’ informs property rights, and the impact that legal, economic, or political choices have on the ethics of nature. Bringing together a diverse spectrum of disciplinary, geographic, and ideological perspectives, this special issue seeks to provide a sophisticated, interdisciplinary analysis of the rules that govern people’s access to and control over land and its natural resources to confront governance today in addressing unprecedented global crises related to climate change. https://ojs.unito.it/index.php/jihi/article/view/9290
Climate-change
Climate Litigation in Argentina: A Critical and Prospective Analysis
Gastón Medici-Colombo, María Valeria Berros 14/12/2023 This article analyses the climate litigation scenario in Argentina. Based on the Sabin Center Database, we conducted an in-depth study of all the proceeding documents of the identified cases. We found that, in Argentina, a significant number of climate cases exists compared to other jurisdictions in the region and in the Global South as a whole. These cases show civil society actors suing public and corporate actors due to the deployment of ‘climate-disruptive’ projects or the failed protection of climate-relevant ecosystems. Plaintiffs use a variety of judicial avenues and grounds from different regulatory levels. That said, the case law study leads us to conclude that climate litigation is still incipient in Argentina. Climate change is a very novel legal issue for Argentinean litigants and courts, with lawsuits only developing actual climate argumentation very recently and with not even one judgment, let alone a landmark decision, addressing climate concerns. That is a notable difference from other jurisdictions in the region. Furthermore, we anticipate that climate litigation will continue to grow in Argentina, given weak political opportunities for climate action and stronger legal opportunities provided by broad judicial avenues, a multiplicity of grounds that can be used in climate arguments, and innovative environmental legal approaches developed by the Supreme Court. Click here for the full article: https://brill.com/view/journals/cjel/7/2/article-p173_3.xml
