Mich: Judicial dialogue in climate change litigation

Marcos de Armenteras Cabot (Rovira i Virgili University).

This contribution studies the use of foreign case-law by national and supranational courts in the adjudication of climate change-related cases. In this sense, it is particularly relevant to assess the reasons and the relevance for judicial dialogue in climate change litigation to address its limits and potentialities for successful litigation. The similarity of arguments, evidence, and legislation in different jurisdictions may lead the courts to use foreign case-law to adjudicate national litigation. Moreover, it is relevant to assess the role played by the so-called climate justice movement in climate change litigation worldwide, and how the cooperation between plaintiffs, legal operators, and academia from different jurisdictions have fostered the dialogue between courts. The analysis of this phenomena is conducted through the study of the climate change case-law from a socio-legal and legal theory perspective.