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As the climate emergency intensifies, rights-based climate cases - litigation that is based on human rights law - are becoming an increasingly important tool for securing more ambitious climate action. This book is the first to offer a systematic analysis of the universe of these cases known as human rights and climate change (HRCC) cases. By combining theory, empirical documentation, and strategic debate among preeminent scholars and practitioners from around the world, the book captures the roots, legal innovations, empirical richness, impact, and challenges of this dynamic field of sociolegal practice. It looks specifically at the sociolegal origins and trajectory of HRCC cases, the legal innovations of this type of litigation, and the strategies and impacts of these cases. In doing so, this book equips litigators, researchers, practitioners, students, and concerned citizens with an understanding of an important method of holding governments and corporations accountable for climate harms. This book is also available as Open Access on Cambridge Core.

Climatic changes --- Environmental justice. --- Actions and defenses. --- Law and legislation. --- Actions and defenses --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Court proceedings --- Procedure (Law) --- Trial practice --- Civil procedure --- Remedies (Law) --- Eco-justice --- Environmental justice movement --- Global environmental justice --- Environmental policy --- Environmentalism --- Social justice --- Climate change mitigation --- Environmental law --- Liability for climatic change damages --- Law and legislation

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This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.

Globalization --- Sociological jurisprudence --- Social justice --- Human rights --- Globalization. --- Sociological jurisprudence. --- Law --- General and Others --- Global cities --- Globalisation --- Internationalization --- International relations --- Anti-globalization movement --- Law and society --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences

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This book is an empirical study of contributions by courts in the Global South to comparative constitutionalism. It offers an analytical and comparative framework for understanding these constitutional innovations and illustrates them with a detailed qualitative study of the most ambitious case in constitutional adjudication in Latin America over the last decade: the Colombian Constitutional Court's structural injunction affecting the rights of over four million internally displaced people (IDPs) in Colombia, and its implementation process. While the ruling (known as T-025 in Colombia) was handed down in 2004, its monitoring process continues to this day. This book traces the case's evolution over the last ten years from its origin to its effects on law, policy, politics, and public opinion. The far-reaching insights from this case study will be of interest to scholars of comparative constitutionalism as well as leading constitutional courts in Latin America, Africa, and Asia.

Political questions and judicial power --- Judge-made law --- Judicial review --- Internally displaced persons --- Sociological jurisprudence. --- Social rights --- Law --- Law and society --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences --- Socio-economic rights --- Socioeconomic rights --- Human rights --- Basic needs --- Displaced persons, Internally --- IDPs (Internally displaced persons) --- Internally displaced people --- Internally displaced populations --- Refugees --- Review, Judicial --- Constitutional law --- Courts --- Delegation of powers --- Executive power --- Judicial power --- Legislation --- Legislative power --- Rule of law --- Separation of powers --- Case law --- Judicial law --- Judicial legislation --- Law, Judge-made --- Common law --- Judicial process --- Lacunae in law --- Judicial activism --- Judicial power and political questions --- Act of state --- Administrative discretion --- Jurisdiction --- Law and legislation --- Interpretation and construction --- Political aspects