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Full-Text Articles in Law
An Analysis Of The Human Rights Approach To Climate Change: The Right To A Healthy Environment, Intergenerational Equity And Climate Litigation, Unwana Emmanuel Udo
An Analysis Of The Human Rights Approach To Climate Change: The Right To A Healthy Environment, Intergenerational Equity And Climate Litigation, Unwana Emmanuel Udo
LLM Theses
Climate change litigation is a viable tool in the fight against climate change. For the past 2 decades, climate litigation has largely been based on torts and administrative law. However, courts have recently been quite receptive to human rights arguments in climate cases, thereby necessitating recognition of the human rights approach as an important facet of climate litigation. It is important for intergenerational equity to be integrated into the human rights approach to climate change. One of the major benefits of intergenerational equity to the human rights approach is its potential to catalyze the recognition of the right to a …
Insurance Coverage In A Climate Changed Canada: How Can Canada Pay For Loss And Damage From Anthropogenic Climate Change?, Eric Dwyer
Dalhousie Journal of Legal Studies
This article looks at the impact of anthropogenic climate change and its associated costs in the Canadian context. It begins by outlining how climate change is predicted to alter the Canadian climate before evaluating how this will affect the insurance industry. It determines that insurers’ response to the unpredictable risks and high costs associated with climate change will lead to significant gaps in coverage. How litigation of major carbon polluters could help cover some of the costs associated with climate change by holding polluters accountable is considered. State-led climate litigation can overcome some of the litigation obstacles identified and it …