Urgent agenda: how climate litigation builds transnational narratives

Q2 Social Sciences Transnational Legal Theory Pub Date : 2020-04-02 DOI:10.1080/20414005.2020.1772617

P. Paiement

引用次数: 7

Abstract

ABSTRACT This article draws on the notion of co-production to assess the construction of transnational narratives in climate change litigation. Using the examples of recent cases from the Netherlands, Norway, and Ireland, the article identifies a common narrative regarding the temporal dimension of climate change and its governance. Litigants are shown to develop a notion of urgency for national climate policies with the help of symbols and discourses—including pathways, crossroads, milestones, thresholds and carbon budgets—in order to attribute meaning to complex models of the future climate, and the immediate responsibilities of states to limit future global warming. In response, states offer depictions of the future in which technological and economic evolutions render our current climate crisis less challenging and costly. This narrative approach helps make sense of the transnational legal strategies through which our understanding of responsibility and climate justice is unfolding.

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紧急议程:气候诉讼如何构建跨国叙事

摘要本文借鉴合拍片的概念来评估气候变化诉讼中跨国叙事的构建。本文以荷兰、挪威和爱尔兰最近的案例为例，确定了一种关于气候变化的时间维度及其治理的共同叙述。诉讼当事人在符号和话语(包括路径、十字路口、里程碑、阈值和碳预算)的帮助下，形成了一种国家气候政策紧迫性的概念，以便赋予未来气候的复杂模型意义，以及各国限制未来全球变暖的直接责任。作为回应，各州描述了未来的技术和经济发展会降低当前气候危机的挑战性和成本。这种叙事方法有助于理解跨国法律战略，通过这些战略，我们对责任和气候正义的理解正在展开。

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来源期刊

Transnational Legal Theory Social Sciences-Law

CiteScore

2.10

自引率

0.00%

发文量

期刊介绍： The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.

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