PhD Defence Jana Viktoria Nysten

Keywords: climate change litigation, international legal framework for GHG emissions reductions, state sovereignty, separation of powers 
 

"Can you sue away climate change? An examination of the potential of climate change litigation to fill gaps in the global governance for GHG emissions reductions"

Climate change litigation has been – and keeps being – on the rise in recent years. Various cases have been brought before international, regional and national courts and judicial tribunals. In the scholarly debate, the opinions on climate change litigation differ considerably: For examples, supporters see it as a means to address the deficiencies of inter alia the international legal framework,while opponents argue it interferes with the separation of powers within a state. Hence, this thesis sets out to examine the potentials and limitations of climate change litigation. It establishes a framework which allows for some general conclusions on how different types of climate change litigation function and how they can help address gaps in the global governance for GHG emissions reductions. This framework may also be used to assess – past, present and future – individual cases. 

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