Joana Setzer - Academia.edu (original) (raw)

Papers by Joana Setzer

Research paper thumbnail of Transnationalization of climate adaptation by regional governments and the RegionsAdapt initiative

Global Sustainability

Non-technical summaryAdaptation to climate change has traditionally been framed as a local proble... more Non-technical summaryAdaptation to climate change has traditionally been framed as a local problem. However, in recent years, adaptation has risen on the global policy agenda. This article contributes to the study of transnational climate adaptation through an investigation of international connectivity on climate adaptation between regional policy-makers. We examine the RegionsAdapt initiative, the first global commitment to promote and track the progress of regional adaptation. While adapting to climate change at the regional level is crucial, we suggest that transnational adaptation governance not only helps to promote adaptation measures, but also improves the process of tracking the progress of such action, its visibility and its aggregation.

Research paper thumbnail of The Complexities of Comparative Climate Constitutionalism

Journal of Environmental Law

Climate constitutionalism is a relatively novel legal field that has nonetheless adopted a very d... more Climate constitutionalism is a relatively novel legal field that has nonetheless adopted a very distinct character. Picking up on the classical liberal tack, it is marked by a distrust of state power as it relates to climate action or inaction. This is a venerable approach. In his 1967 classic, MJC Vile recounts that the ‘great theme of the advocates of constitutionalism [had been] the frank acknowledgement of the role of government in society, linked with the determination to bring that government under control and to place limits on the exercise of its power’. This mode of distrust has been ported to the climate constitutionalism literature and in particular its focus on adjudication of constitutional rights provisions for climate purposes. This, we argue, is but one aspect of climate constitutionalism that no longer speaks to the needs of the world when we think about the relationship between climate change, the doctrines and institutions of comparative constitutional law, and th...

Research paper thumbnail of Rights-based litigation in the climate emergency: mapping the landscape and new knowledge frontiers

Journal of Qualitative Research in Tourism

This article revisits and expands on extant scholarly inquiries into the so-called ‘rights turn’ ... more This article revisits and expands on extant scholarly inquiries into the so-called ‘rights turn’ in climate litigation, with the objective of providing a more comprehensive appreciation of the role of human rights litigation in the context of the climate emergency. We rely on well-established categories used in the literature on climate litigation and on human rights and the environment to provide the first systematic analysis of rights-based litigation that aligns with climate objectives. Building on this basis, we consider the significant data and knowledge gaps concerning human rights litigation that does not align with climate objectives. We flag the need to better understand the role of rights-based litigation in the context of the complex societal changes associated with a just transition towards net zero emissions. The article contributes to scholarly inquiry into this new and increasingly prominent area at the intersection of human rights and environmental law, highlighting ...

Research paper thumbnail of Climate Litigation as Climate Activism: What Works?

on 15 May 2020. We thank Professor Chris Hilson, and two anonymous reviewers, for their help in i... more on 15 May 2020. We thank Professor Chris Hilson, and two anonymous reviewers, for their help in improving our work. About the COP26 Briefings Series The British Academy's COP26 Briefings Series aims to raise awareness of the importance of the humanities and the social sciences in understanding the complex human and social dimensions to environmental challenges and their solutions. We are convening our community, bridging sectors and disciplines, integrating insights to help inform policy, and encouraging interdisciplinary learning. The briefing has been peer-reviewed to ensure its academic quality. The views expressed in the briefing are those of the authors and are not necessarily endorsed by the British Academy, but are commended as contributing to public debate.

Research paper thumbnail of Correction to: Subnational climate entrepreneurship: innovative climate action in California and São Paulo

Regional Environmental Change, 2017

In the published online version, the author missed to acknowledge the financial support from Gran... more In the published online version, the author missed to acknowledge the financial support from Grantham Foundation for the Protection of the Environment and the ESRC via the Centre for Climate Change Economics and Policy. The full, corrected Acknowledgement section is provided below.

Research paper thumbnail of Mapping the Whole of the Moon: An Analysis of the Role of Human Rights in Climate Litigation

Mapping the Whole of the Moon: An Analysis of the Role of Human Rights in Climate Litigation

SSRN Electronic Journal, 2021

This paper takes stock of recent developments in climate litigation, to make sense of the ‘rights... more This paper takes stock of recent developments in climate litigation, to make sense of the ‘rights turn’ identified by earlier studies. It maps pro and anti climate cases that rely in whole or in part on human rights arguments, using categories deployed in the literature on climate and on environmental rights litigation. The objective is to better appreciate the role of human rights law and remedies in climate action.

Research paper thumbnail of Regulating climate change in the courts

Regulating climate change in the courts

Trends in Climate Change Legislation

Chapter 9 relates climate legislation, which is passed by parliaments, to climate litigation, whi... more Chapter 9 relates climate legislation, which is passed by parliaments, to climate litigation, which is pursued through the courts. Using data from 25 countries, the chapter documents how the judiciary is playing an increasingly active role in climate policy, both complementing and in some cases substituting for national legislation. The majority of climate litigation cases fall into one of three categories. In the first category, climate change is at the periphery of the argument. A second category of cases deals with administrative matters related to specific projects. Only in the third category are climate change concerns at the core of the case, and these cases divide equally into lawsuits oriented towards climate policies and legislation, information and disclosure, and loss and damage. Looking at the outcomes of litigation cases, the chapter finds that the courts have so far tended to enhance, rather than curtail, climate change regulation, confirming the important role of courts in regulating climate change.

Research paper thumbnail of 3 National Governance The State ’ s Role in Steering Polycentric Action

The landscape of climate governance has changed considerably in the past decades. From being domi... more The landscape of climate governance has changed considerably in the past decades. From being dominated by scientists on the Intergovernmental Panel on Climate Change (IPCC) and national governments under the auspices of the United Nations Framework Convention on Climate Change (UNFCCC), climate governance is now populated by actors and institutions ranging from businesses, local governments and civil society organisations, to novel hybrid forms including offsetting standards, emissions registries, carbon-labelling schemes and collaborations between cities (Hoffmann, 2011; Bulkeley et al., 2012; Bulkeley et al., 2014; Hale, 2016). The theory of polycentric governance attempts to explain this dynamic scene by offering a more holistic and inclusive view of climate governance. Chapter 1 identifies three defining features of polycentric governance: (1) it operates at multiple centres of decision-making authority with overlapping jurisdictions, which (2) interact through a process of mutu...

Research paper thumbnail of Climate Change Litigation and Central Banks

SSRN Electronic Journal, 2021

Disclaimer: This paper should not be reported as representing the views of the European Central B... more Disclaimer: This paper should not be reported as representing the views of the European Central Bank (ECB). The views expressed are those of the authors and do not necessarily reflect those of the ECB.

Research paper thumbnail of Princípio da precaução rima com ação

Princípio da precaução rima com ação

Research paper thumbnail of Climate Change Legislation in Maldives: An excerpt from the 2015 global climate legislation studay a review of climate change legislation in 99 countries

Research paper thumbnail of La paradiplomacia ambiental en la nueva Gobernanza internacional = Environmental paradiplomacy: the Brazilian participation in the international climate regime

La paradiplomacia ambiental en la nueva Gobernanza internacional = Environmental paradiplomacy: the Brazilian participation in the international climate regime

Research paper thumbnail of Review: Understanding the Environment and Social Policy, Cities and Low Carbon Transitions, Economic Thought and US Climate Change Policy, the Governance of Climate Change: Science, Economics, Politics and Ethics

Environment and Planning C: Government and Policy, 2011

In Understanding the Environment and Social Policy Tony Fitzpatrick has put together a collection... more In Understanding the Environment and Social Policy Tony Fitzpatrick has put together a collection of papers that examine how social policy objectives of welfare enhancement need to be reconciled with environmental imperatives of ecological protection at a more expansive geographic and temporal scale. A realistic point that Fitzpatrick argues is that though optimists highlight win^win strategies that meet social and environmental objectives there are still inherent conflicts between the two spheres. Such conflicts arise from trade-offs where social policies prioritize economic growth over environmental protection. Alternatively, environmental protection imposes high costs on economic development. In both cases authors recognize that the poor and marginalized groups are disproportionately affected by environmental degradation and social inequities. Each chapter in the book delineates different aspects of these policy challenges and offers alternative perspectives on how to transform the nature and priorities of social and environmental policies in order to help them converge. Such convergence helps readers to understand how to truly realize the win^win strategies that achieve sustainable development and environmental justice. Though not explicitly divided, the chapters in this book are organized into three implicit topics. In the Introduction and first five chapters the authors explain how traditional social policies contribute to environmental degradation, while both social and environmental policies need to address inequities among classes, nations, and future generation. In highlighting the conflicts between the two spheres, the authors focus on what issues need to converge. In order to resolve the socioenvironmental trade-off, the next section of the book covers environmental ethics and justice (chapters 5 and 6, respectively). These chapters are especially useful in constructing principle frameworks that integrate social justice philosophies into environmental issues. Thus readers are forced to consider the parameters of values, rights, and responsibilities that need to be determined in order to create policies that are morally consistent. In the next section of the book these ethical frameworks are applied onto more practical topics in the policy sphere. Chapters 7 to 13 look at how to address issues surrounding environmental policy instruments, as well as policies in health, planning, transport, green jobs, citizenship, and international development. I found two important themes that were emphasized throughout the chapters in the book. The first theme concerns how sustainable development can be achieved. This question is especially pertinent to developing countries, as they face the development imperative to`catch up' with developed countries. Such development paths include undertaking industrialization processes that are resource and pollution intensive. Theorists who utilize optimistic theories, such as the environmental Kuznet's curve, ecological modernization, and environmental leapfrogging, propose that economic growth, scientific ingenuity, and technology transfer will help both developed and developing nations reduce their environmental impact and`green' their economies. Furthermore, they consider that environmental policies can have the right mix of regulations, economic incentives, and voluntary participation to promote environmental mitigation and adaptation. However, the authors in this book contend that sustainable development requires system-wide transformations within the economy and society that go beyond the realm of technological solutions and environmental policy instruments. Such contention leads to the second theme in the book, which proposes that the characteristics of environmental problems create the need to reformulate the nature of social and environmental policies. The disproportionate impact of environmental problems on poor and vulnerable groups requires policy makers to encourage greater governance in order to redress environmental injustice. Greater governance thus means that states encourage active citizenry, vibrant communities, and civic societies to (1) find solutions to such inequality,

Research paper thumbnail of Global Lessons from Climate Change Legislation and Litigation

Environmental and Energy Policy and the Economy, 2021

for their insights and feedback. The views expressed herein are those of the authors and do not n... more for their insights and feedback. The views expressed herein are those of the authors and do not necessarily reflect the views of the National Bureau of Economic Research. NBER working papers are circulated for discussion and comment purposes. They have not been peer-reviewed or been subject to the review by the NBER Board of Directors that accompanies official NBER publications.

Research paper thumbnail of Subnational Leaders and Diplomacy

Oxford Research Encyclopedia of International Studies, 2019

Subnational diplomacy has become an increasingly important part of foreign policy and internation... more Subnational diplomacy has become an increasingly important part of foreign policy and international relations. This observation concerns a state of affairs that is not necessarily obvious or given. First, by definition, subnational governments usually conduct subnational activities and address problems that affect their constituencies. Second, in many countries subnational governments undertake such an agenda without an actual legal framework authorizing such initiatives. However, with an intensified global interdependency, policy areas such as environmental protection, human rights, immigration, and trade, just to name a few, require action both at the international and territorialized levels, as many of them transcend political administrative boundaries. As a result, in the early 21st century it is possible to determine various forms of international relations conducted by subnational leaders. This activity involves direct interactions undertaken by subnational leaders and bureauc...

Research paper thumbnail of Climate litigation to protect the Brazilian Amazon: Establishing a constitutional to a stable climate

Climate litigation to protect the Brazilian Amazon: Establishing a constitutional to a stable climate

SSRN Electronic Journal, 2021

In recent years, climate cases to combat illegal deforestation in the Amazon have begun to be bro... more In recent years, climate cases to combat illegal deforestation in the Amazon have begun to be brought before Brazilian courts. We focus on a lawsuit filed by the Institute of Amazonian Studies against the Brazilian state. The lawsuit seeks not only an order to compel the federal government to comply with national climate law but also the recognition of a fundamental right to a stable climate, for present and future generations, under the Brazilian Constitution. We argue that this case both exists in the context of a transnational movement, as it draws from existing rights-based cases, whilst also trying to develop this movement. This lawsuit seeks to establish that a stable climate system is critical to the protection of other fundamental rights. We consider what it means to seek a constitutional right to a stable climate through courts within the wider context in which national governance systems are constitutionalizing climate change commitments.

Research paper thumbnail of National Governance

National Governance

Governing Climate Change, 2018

Research paper thumbnail of Climate Change Litigation in Brazil: Will Green Courts Become Greener?

Climate Change Litigation in Brazil: Will Green Courts Become Greener?

Climate Change Litigation: Global Perspectives, 2021

Research paper thumbnail of Climate Change Litigation in the Global South: Filling in Gaps

AJIL Unbound, 2020

New scholarship has identified trends, constraints, and opportunities for climate litigation in t... more New scholarship has identified trends, constraints, and opportunities for climate litigation in the Global South. While countries in the Global South tend to experience a lack of capacity within government agencies, civil society, and the judiciary, the Global South is not a homogenous group. Where climate litigation has been identified, the judiciary is often implementing government policy prescriptions in the absence of detailed climate legislation or filling enforcement gaps. But there are also a number of countries where climate litigation is not taking place or where gaps exist between ongoing litigation and traditional definitions of climate litigation. The scholarship is yet to further explore the relationship between climate legislation and litigation in the Global South, in particular in circumstances where ripe policy and legislative conditions for climate litigation exist. Taking into account different regional and national experiences, this essay explores that relationship.

Research paper thumbnail of Climate Litigation in the Global South: Constraints and Innovations

Transnational Environmental Law, 2019

Cases involving climate change have been litigated in the courts for some time, but new direction... more Cases involving climate change have been litigated in the courts for some time, but new directions and trends have started to emerge. While the majority of climate litigation has occurred in the United States and other developed countries, cases in the Global South are growing both in terms of quantity and in the quality of their strategies and regulatory outcomes. However, so far climate litigation in the Global South has received scant attention from the literature. We argue that climate litigation in the Global South opens up avenues for progress in addressing climate change in highly vulnerable countries. We first highlight some of the capacity constraints experienced in Global South countries to provide context for the emerging trend of strategic climate litigation in the area. In spite of significant constraints experienced, the strategies adopted by litigants push the climate litigation agenda forward as a result of their outward-looking objective of combating ongoing environ...

Research paper thumbnail of Transnationalization of climate adaptation by regional governments and the RegionsAdapt initiative

Global Sustainability

Non-technical summaryAdaptation to climate change has traditionally been framed as a local proble... more Non-technical summaryAdaptation to climate change has traditionally been framed as a local problem. However, in recent years, adaptation has risen on the global policy agenda. This article contributes to the study of transnational climate adaptation through an investigation of international connectivity on climate adaptation between regional policy-makers. We examine the RegionsAdapt initiative, the first global commitment to promote and track the progress of regional adaptation. While adapting to climate change at the regional level is crucial, we suggest that transnational adaptation governance not only helps to promote adaptation measures, but also improves the process of tracking the progress of such action, its visibility and its aggregation.

Research paper thumbnail of The Complexities of Comparative Climate Constitutionalism

Journal of Environmental Law

Climate constitutionalism is a relatively novel legal field that has nonetheless adopted a very d... more Climate constitutionalism is a relatively novel legal field that has nonetheless adopted a very distinct character. Picking up on the classical liberal tack, it is marked by a distrust of state power as it relates to climate action or inaction. This is a venerable approach. In his 1967 classic, MJC Vile recounts that the ‘great theme of the advocates of constitutionalism [had been] the frank acknowledgement of the role of government in society, linked with the determination to bring that government under control and to place limits on the exercise of its power’. This mode of distrust has been ported to the climate constitutionalism literature and in particular its focus on adjudication of constitutional rights provisions for climate purposes. This, we argue, is but one aspect of climate constitutionalism that no longer speaks to the needs of the world when we think about the relationship between climate change, the doctrines and institutions of comparative constitutional law, and th...

Research paper thumbnail of Rights-based litigation in the climate emergency: mapping the landscape and new knowledge frontiers

Journal of Qualitative Research in Tourism

This article revisits and expands on extant scholarly inquiries into the so-called ‘rights turn’ ... more This article revisits and expands on extant scholarly inquiries into the so-called ‘rights turn’ in climate litigation, with the objective of providing a more comprehensive appreciation of the role of human rights litigation in the context of the climate emergency. We rely on well-established categories used in the literature on climate litigation and on human rights and the environment to provide the first systematic analysis of rights-based litigation that aligns with climate objectives. Building on this basis, we consider the significant data and knowledge gaps concerning human rights litigation that does not align with climate objectives. We flag the need to better understand the role of rights-based litigation in the context of the complex societal changes associated with a just transition towards net zero emissions. The article contributes to scholarly inquiry into this new and increasingly prominent area at the intersection of human rights and environmental law, highlighting ...

Research paper thumbnail of Climate Litigation as Climate Activism: What Works?

on 15 May 2020. We thank Professor Chris Hilson, and two anonymous reviewers, for their help in i... more on 15 May 2020. We thank Professor Chris Hilson, and two anonymous reviewers, for their help in improving our work. About the COP26 Briefings Series The British Academy's COP26 Briefings Series aims to raise awareness of the importance of the humanities and the social sciences in understanding the complex human and social dimensions to environmental challenges and their solutions. We are convening our community, bridging sectors and disciplines, integrating insights to help inform policy, and encouraging interdisciplinary learning. The briefing has been peer-reviewed to ensure its academic quality. The views expressed in the briefing are those of the authors and are not necessarily endorsed by the British Academy, but are commended as contributing to public debate.

Research paper thumbnail of Correction to: Subnational climate entrepreneurship: innovative climate action in California and São Paulo

Regional Environmental Change, 2017

In the published online version, the author missed to acknowledge the financial support from Gran... more In the published online version, the author missed to acknowledge the financial support from Grantham Foundation for the Protection of the Environment and the ESRC via the Centre for Climate Change Economics and Policy. The full, corrected Acknowledgement section is provided below.

Research paper thumbnail of Mapping the Whole of the Moon: An Analysis of the Role of Human Rights in Climate Litigation

Mapping the Whole of the Moon: An Analysis of the Role of Human Rights in Climate Litigation

SSRN Electronic Journal, 2021

This paper takes stock of recent developments in climate litigation, to make sense of the ‘rights... more This paper takes stock of recent developments in climate litigation, to make sense of the ‘rights turn’ identified by earlier studies. It maps pro and anti climate cases that rely in whole or in part on human rights arguments, using categories deployed in the literature on climate and on environmental rights litigation. The objective is to better appreciate the role of human rights law and remedies in climate action.

Research paper thumbnail of Regulating climate change in the courts

Regulating climate change in the courts

Trends in Climate Change Legislation

Chapter 9 relates climate legislation, which is passed by parliaments, to climate litigation, whi... more Chapter 9 relates climate legislation, which is passed by parliaments, to climate litigation, which is pursued through the courts. Using data from 25 countries, the chapter documents how the judiciary is playing an increasingly active role in climate policy, both complementing and in some cases substituting for national legislation. The majority of climate litigation cases fall into one of three categories. In the first category, climate change is at the periphery of the argument. A second category of cases deals with administrative matters related to specific projects. Only in the third category are climate change concerns at the core of the case, and these cases divide equally into lawsuits oriented towards climate policies and legislation, information and disclosure, and loss and damage. Looking at the outcomes of litigation cases, the chapter finds that the courts have so far tended to enhance, rather than curtail, climate change regulation, confirming the important role of courts in regulating climate change.

Research paper thumbnail of 3 National Governance The State ’ s Role in Steering Polycentric Action

The landscape of climate governance has changed considerably in the past decades. From being domi... more The landscape of climate governance has changed considerably in the past decades. From being dominated by scientists on the Intergovernmental Panel on Climate Change (IPCC) and national governments under the auspices of the United Nations Framework Convention on Climate Change (UNFCCC), climate governance is now populated by actors and institutions ranging from businesses, local governments and civil society organisations, to novel hybrid forms including offsetting standards, emissions registries, carbon-labelling schemes and collaborations between cities (Hoffmann, 2011; Bulkeley et al., 2012; Bulkeley et al., 2014; Hale, 2016). The theory of polycentric governance attempts to explain this dynamic scene by offering a more holistic and inclusive view of climate governance. Chapter 1 identifies three defining features of polycentric governance: (1) it operates at multiple centres of decision-making authority with overlapping jurisdictions, which (2) interact through a process of mutu...

Research paper thumbnail of Climate Change Litigation and Central Banks

SSRN Electronic Journal, 2021

Disclaimer: This paper should not be reported as representing the views of the European Central B... more Disclaimer: This paper should not be reported as representing the views of the European Central Bank (ECB). The views expressed are those of the authors and do not necessarily reflect those of the ECB.

Research paper thumbnail of Princípio da precaução rima com ação

Princípio da precaução rima com ação

Research paper thumbnail of Climate Change Legislation in Maldives: An excerpt from the 2015 global climate legislation studay a review of climate change legislation in 99 countries

Research paper thumbnail of La paradiplomacia ambiental en la nueva Gobernanza internacional = Environmental paradiplomacy: the Brazilian participation in the international climate regime

La paradiplomacia ambiental en la nueva Gobernanza internacional = Environmental paradiplomacy: the Brazilian participation in the international climate regime

Research paper thumbnail of Review: Understanding the Environment and Social Policy, Cities and Low Carbon Transitions, Economic Thought and US Climate Change Policy, the Governance of Climate Change: Science, Economics, Politics and Ethics

Environment and Planning C: Government and Policy, 2011

In Understanding the Environment and Social Policy Tony Fitzpatrick has put together a collection... more In Understanding the Environment and Social Policy Tony Fitzpatrick has put together a collection of papers that examine how social policy objectives of welfare enhancement need to be reconciled with environmental imperatives of ecological protection at a more expansive geographic and temporal scale. A realistic point that Fitzpatrick argues is that though optimists highlight win^win strategies that meet social and environmental objectives there are still inherent conflicts between the two spheres. Such conflicts arise from trade-offs where social policies prioritize economic growth over environmental protection. Alternatively, environmental protection imposes high costs on economic development. In both cases authors recognize that the poor and marginalized groups are disproportionately affected by environmental degradation and social inequities. Each chapter in the book delineates different aspects of these policy challenges and offers alternative perspectives on how to transform the nature and priorities of social and environmental policies in order to help them converge. Such convergence helps readers to understand how to truly realize the win^win strategies that achieve sustainable development and environmental justice. Though not explicitly divided, the chapters in this book are organized into three implicit topics. In the Introduction and first five chapters the authors explain how traditional social policies contribute to environmental degradation, while both social and environmental policies need to address inequities among classes, nations, and future generation. In highlighting the conflicts between the two spheres, the authors focus on what issues need to converge. In order to resolve the socioenvironmental trade-off, the next section of the book covers environmental ethics and justice (chapters 5 and 6, respectively). These chapters are especially useful in constructing principle frameworks that integrate social justice philosophies into environmental issues. Thus readers are forced to consider the parameters of values, rights, and responsibilities that need to be determined in order to create policies that are morally consistent. In the next section of the book these ethical frameworks are applied onto more practical topics in the policy sphere. Chapters 7 to 13 look at how to address issues surrounding environmental policy instruments, as well as policies in health, planning, transport, green jobs, citizenship, and international development. I found two important themes that were emphasized throughout the chapters in the book. The first theme concerns how sustainable development can be achieved. This question is especially pertinent to developing countries, as they face the development imperative to`catch up' with developed countries. Such development paths include undertaking industrialization processes that are resource and pollution intensive. Theorists who utilize optimistic theories, such as the environmental Kuznet's curve, ecological modernization, and environmental leapfrogging, propose that economic growth, scientific ingenuity, and technology transfer will help both developed and developing nations reduce their environmental impact and`green' their economies. Furthermore, they consider that environmental policies can have the right mix of regulations, economic incentives, and voluntary participation to promote environmental mitigation and adaptation. However, the authors in this book contend that sustainable development requires system-wide transformations within the economy and society that go beyond the realm of technological solutions and environmental policy instruments. Such contention leads to the second theme in the book, which proposes that the characteristics of environmental problems create the need to reformulate the nature of social and environmental policies. The disproportionate impact of environmental problems on poor and vulnerable groups requires policy makers to encourage greater governance in order to redress environmental injustice. Greater governance thus means that states encourage active citizenry, vibrant communities, and civic societies to (1) find solutions to such inequality,

Research paper thumbnail of Global Lessons from Climate Change Legislation and Litigation

Environmental and Energy Policy and the Economy, 2021

for their insights and feedback. The views expressed herein are those of the authors and do not n... more for their insights and feedback. The views expressed herein are those of the authors and do not necessarily reflect the views of the National Bureau of Economic Research. NBER working papers are circulated for discussion and comment purposes. They have not been peer-reviewed or been subject to the review by the NBER Board of Directors that accompanies official NBER publications.

Research paper thumbnail of Subnational Leaders and Diplomacy

Oxford Research Encyclopedia of International Studies, 2019

Subnational diplomacy has become an increasingly important part of foreign policy and internation... more Subnational diplomacy has become an increasingly important part of foreign policy and international relations. This observation concerns a state of affairs that is not necessarily obvious or given. First, by definition, subnational governments usually conduct subnational activities and address problems that affect their constituencies. Second, in many countries subnational governments undertake such an agenda without an actual legal framework authorizing such initiatives. However, with an intensified global interdependency, policy areas such as environmental protection, human rights, immigration, and trade, just to name a few, require action both at the international and territorialized levels, as many of them transcend political administrative boundaries. As a result, in the early 21st century it is possible to determine various forms of international relations conducted by subnational leaders. This activity involves direct interactions undertaken by subnational leaders and bureauc...

Research paper thumbnail of Climate litigation to protect the Brazilian Amazon: Establishing a constitutional to a stable climate

Climate litigation to protect the Brazilian Amazon: Establishing a constitutional to a stable climate

SSRN Electronic Journal, 2021

In recent years, climate cases to combat illegal deforestation in the Amazon have begun to be bro... more In recent years, climate cases to combat illegal deforestation in the Amazon have begun to be brought before Brazilian courts. We focus on a lawsuit filed by the Institute of Amazonian Studies against the Brazilian state. The lawsuit seeks not only an order to compel the federal government to comply with national climate law but also the recognition of a fundamental right to a stable climate, for present and future generations, under the Brazilian Constitution. We argue that this case both exists in the context of a transnational movement, as it draws from existing rights-based cases, whilst also trying to develop this movement. This lawsuit seeks to establish that a stable climate system is critical to the protection of other fundamental rights. We consider what it means to seek a constitutional right to a stable climate through courts within the wider context in which national governance systems are constitutionalizing climate change commitments.

Research paper thumbnail of National Governance

National Governance

Governing Climate Change, 2018

Research paper thumbnail of Climate Change Litigation in Brazil: Will Green Courts Become Greener?

Climate Change Litigation in Brazil: Will Green Courts Become Greener?

Climate Change Litigation: Global Perspectives, 2021

Research paper thumbnail of Climate Change Litigation in the Global South: Filling in Gaps

AJIL Unbound, 2020

New scholarship has identified trends, constraints, and opportunities for climate litigation in t... more New scholarship has identified trends, constraints, and opportunities for climate litigation in the Global South. While countries in the Global South tend to experience a lack of capacity within government agencies, civil society, and the judiciary, the Global South is not a homogenous group. Where climate litigation has been identified, the judiciary is often implementing government policy prescriptions in the absence of detailed climate legislation or filling enforcement gaps. But there are also a number of countries where climate litigation is not taking place or where gaps exist between ongoing litigation and traditional definitions of climate litigation. The scholarship is yet to further explore the relationship between climate legislation and litigation in the Global South, in particular in circumstances where ripe policy and legislative conditions for climate litigation exist. Taking into account different regional and national experiences, this essay explores that relationship.

Research paper thumbnail of Climate Litigation in the Global South: Constraints and Innovations

Transnational Environmental Law, 2019

Cases involving climate change have been litigated in the courts for some time, but new direction... more Cases involving climate change have been litigated in the courts for some time, but new directions and trends have started to emerge. While the majority of climate litigation has occurred in the United States and other developed countries, cases in the Global South are growing both in terms of quantity and in the quality of their strategies and regulatory outcomes. However, so far climate litigation in the Global South has received scant attention from the literature. We argue that climate litigation in the Global South opens up avenues for progress in addressing climate change in highly vulnerable countries. We first highlight some of the capacity constraints experienced in Global South countries to provide context for the emerging trend of strategic climate litigation in the area. In spite of significant constraints experienced, the strategies adopted by litigants push the climate litigation agenda forward as a result of their outward-looking objective of combating ongoing environ...