The political question doctrine has recently been invoked as a defensive tool by several Govern-ments in the framework of climate change litigation before national judges. Its employment de-serves attention. Indeed, it is worth investigating whether it may hinder the achievement of goals that the environmental strategic litigation purses. Moreover, a clear-cut position of national courts as far as its application is concerned will give important elements to predict the degree of effective-ness of international law in the near future.
GIUSTIZIA CLIMATICA E TEORIA DELL’ATTO POLITICO: TANTO RUMORE PER NULLA / Laura Magi. - In: OSSERVATORIO SULLE FONTI. - ISSN 2038-5633. - ELETTRONICO. - 2021:(2021), pp. 1029-1049.
GIUSTIZIA CLIMATICA E TEORIA DELL’ATTO POLITICO: TANTO RUMORE PER NULLA
Laura Magi
2021
Abstract
The political question doctrine has recently been invoked as a defensive tool by several Govern-ments in the framework of climate change litigation before national judges. Its employment de-serves attention. Indeed, it is worth investigating whether it may hinder the achievement of goals that the environmental strategic litigation purses. Moreover, a clear-cut position of national courts as far as its application is concerned will give important elements to predict the degree of effective-ness of international law in the near future.File | Dimensione | Formato | |
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