The paper deals with the main procedural hurdles which individuals and associations meet in lawsuits against the States for the assessment of their failures in facing climate change. The focus is both on the ruling issued by the Court of First Instance of Rome of 6 March 2024 in the Last Judgment case and the Judgment of the European Court of Human Rights in the KlimaSeniorinnen case of 9 April 2024. The authors examine the content of both decisions, taking into consideration the possible impact of the ruling on future decisions of national courts called upon to adjudicate climate change disputes.
Procedural Hurdles of Climate Change Litigation in Italy: Prospects in Light of the ECtHR Decision in the KlimaSeniorinnen Case
Gasperini Maria Pia
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2024-01-01
Abstract
The paper deals with the main procedural hurdles which individuals and associations meet in lawsuits against the States for the assessment of their failures in facing climate change. The focus is both on the ruling issued by the Court of First Instance of Rome of 6 March 2024 in the Last Judgment case and the Judgment of the European Court of Human Rights in the KlimaSeniorinnen case of 9 April 2024. The authors examine the content of both decisions, taking into consideration the possible impact of the ruling on future decisions of national courts called upon to adjudicate climate change disputes.File in questo prodotto:
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