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17 - Conclusion: Adjudicating Climate Change across Scales

Published online by Cambridge University Press:  25 August 2009

William C. G. Burns
Affiliation:
Santa Clara University, School of Law
Hari M. Osofsky
Affiliation:
Washington and Lee University, Virginia
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Summary

INTRODUCTION

This book explores climate change litigation in its many existing and potential variations. As this volume was being written, the number of relevant cases and their impact increased dramatically. Most notably, the U.S. Supreme Court's decision in Massachusetts v. EPA – together with a cultural shift symbolized by Al Gore and the Intergovernmental Panel on Climate Change (IPCC) winning the Nobel Peace Prize – transformed the policy and litigation landscape. The election of President Obama changed things further, with his commitment to active U.S. participation in international climate treaty negotiations and to a robust federal regulatory approach to greenhouse gas emissions.

The concluding chapter grapples with how this evolution impacts the way in which we should view the role of litigation as part of transnational regulation of climate change. Although we are still early in this story that Peter Roderick's foreword began, some of the impacts of climate change litigation are already clear. David Hunter's chapter, The Implications of Climate Change Litigation: Litigation for International Environmental Law-Making, does an excellent job of analyzing these cases as vehicles for promoting greater public awareness. This chapter builds upon his analysis by focusing back on the issues of scale raised in the Introduction.

As a scientific and legal matter, climate change is multiscalar. In other words, emissions, impacts, and the legal structures that interact with them are simultaneously individual, local, state, national, international, and every level in between.

Type
Chapter
Information
Adjudicating Climate Change
State, National, and International Approaches
, pp. 375 - 386
Publisher: Cambridge University Press
Print publication year: 2009

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References

Osofsky, Hari M., Is Climate Change “International”?: Litigation's Diagonal Regulatory Role 49 Va. J. Int'l L.585 (2009)Google Scholar
Brenner, Neil, The Limits to Scale? Methodological Reflections on Scalar Structuration, 25 Progress Hum. Geography591 (2001)CrossRefGoogle Scholar
Marston, Sallie A., The Social Construction of Scale, 24 Progress Hum. Geography219 (2000)CrossRefGoogle Scholar
Marston, Sallie A. & Smith, Neil, States, Scales and Households: Limits to Scale Thinking? A Response to Brenner, 25 Progress Hum. Geography615 (2001)CrossRefGoogle Scholar
Mason, Michael, Transnational Environmental Obligations: Locating New Spaces of Accountability in a Post-Westphalian Global Order, 26 Transactions Inst. British Geographers407 (2001)CrossRefGoogle Scholar
Osofsky, Hari M., The Intersection of Scale, Science, and Law in Massachusetts v. EPA, 9 Or. Rev. Int'l L.233 (2007)Google Scholar
Sayre, Nathan F., Ecological and Geographical Scale: Parallels and Potential for Integration, 29 Progress Hum. Geography276, 281 (2005)CrossRefGoogle Scholar
Cox, Kevin R., Spaces of Dependence, Spaces of Engagement and the Politics of Scale, Or: Looking for Local Politics, 17 Pol. Geography1, 20–21 (1998)CrossRefGoogle Scholar
Delaney, David & Leitner, Helga. The Political Construction of Scale, 16 Pol. Geography93, 93 (1997)CrossRefGoogle Scholar
Martin, Deborah G., Transcending the Fixity of Jurisdictional Scale, 17 Pol. Geography33, 35 (1998)Google Scholar
Paasi, Anssi, Place and Region: Looking Through the Prism of Scale, 28 Progress Hum. Geography536, 542–43 (2004)CrossRefGoogle Scholar
Brenner, Neil, Between Fixity and Motion: Accumulation, Territorial Organization and the Historical Geography of Spatial Scales, 16 Envt. & Planning D: Soc'y & Space459, 461 (1998)CrossRefGoogle Scholar
Judd, Dennis R., The Case of the Missing Scales: A Commentary on Cox, 17 Pol. Geography29, 30–31 (1998)CrossRefGoogle Scholar
Cover, Robert M., The Supreme Court 1982 Term Foreword: Nomos and Narrative, 97 Harv. L. Rev.4 (1983)CrossRefGoogle Scholar
Merry, Sally Engle, Legal Pluralism, 22 Law & Soc'y Rev.869 (1988)CrossRefGoogle Scholar
Melissaris, Emmanuel, The More the Merrier? A New Take on Legal Pluralism, 13 Soc. & Legal Stud.57 (2004)CrossRefGoogle Scholar
Manji, Ambreena, ‘Like a Mask Dancing’: Law and Colonialism in Chinua Achebe's Arrow of God, 27 J. Law & Soc'y626 (2000)CrossRefGoogle Scholar
Tsuk, Dalia, The New Deal Origins of American Legal Pluralism, 29 Fla. St. U. L. Rev.189 (2001)Google Scholar
Berman, Paul Schiff, Global Legal Pluralism, 80 S. Cal. L. Rev.1155 (2007)Google Scholar
Broder, John M., E.P.A. Clears Way for Greenhouse Gas Rules, N.Y. Times, Apr. 17, 2009, at A15Google Scholar
Drumbl, Mark A., The Expressive Value of Prosecuting and Punishing Terrorists: Hamdan, the Geneva Conventions, and International Criminal Law, 75 Geo. Wash. L. Rev.1165, 1169 (2007)Google Scholar
Koh, Harold Hongju, Why Transnational Law Matters, 24 Penn St. Int'l L. Rev.745(2006)Google Scholar
Koh, Harold Hongju, Jefferson Memorial Lecture: Transnational Legal Process after September 11th, 22 Berkeley J. Int'l L.337, 339 (2004)Google Scholar
Koh, Harold Hongju, Transnational Legal Process, 75 Neb. L. Rev.181 (1996)Google Scholar
Koh, Harold Hongju, Why Do Nations Obey International Law, 106 Yale L.J.2599 (1997)CrossRefGoogle Scholar
Posner, Eric A., Climate Change and International Human Rights Litigation: A Critical Appraisal, 155 U. Pa. L. Rev.1925, 1925 (2007)Google Scholar
Osofsky, Hari M., Climate Change Legislation in Context, 102 Nw. U. L. Rev. Colloquy245, 249 (2008)Google Scholar
McCarty, Kevin, Bloomberg, Palmer Lead USA and World Mayors on Climate Protection: US Mayors Climate Agreement Hits 500 Milestone, U.S. Mayor Newspaper (May 21, 2007)Google Scholar
Osofsky, Hari M. & Levit, Janet Koven, The Scale of Networks? Local Climate Coalitions, 8 Chi. J. Int'l L.409 (2008)Google Scholar
Weston, Burns H., Climate Change and Intergenerational Justice: Foundational Reflections, 9 Vt. J. Envtl. L.375 (2008)Google Scholar

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