Judicial Responses to Climate Change in the Global South: A Jurisdictional and Thematic Review (Living Signs of Law, 2)

Acknowledgements
Contents
List of Abbreviations
Introduction
	1 Climate Change in the Global South
	2 Feminist Voices from the Global South
	3 Need for Feminist Literature from the Global South
	4 Change or Perish
		4.1 Jurisdictional
		4.2 Thematic
			4.2.1 Extra-Jurisdictional Impact of Judgments
	References
Part I: Jurisdictional
	The Future of Climate Litigation in Brazil
		1 Introduction
		2 Environmental-Climate Context of the Country
		3 Climate Litigation in Brazil
		4 Possible Outcomes of Climate Litigation
		5 Final Remarks
		References
	Struggle for Eco-constitutionalism: The Role of the Constitutional Court in Realising the Right to a Good and Healthy Environm...
		1 Introduction
		2 Literature Review
		3 Methodology
		4 Discussion
			4.1 Judicial Review of Law by the Indonesian Constitutional Court
			4.2 The Ideas of Eco-constitutionalism in Indonesia
			4.3 The Right to a Good and Healthy Environment in the 1945 Constitution of the Republic of Indonesia: History and Meaning
			4.4 The Constitutional Court and Its Role in Protecting the Right to a Good and Healthy Environment through Judicial Review
		5 Conclusion
		References
Part II: Thematic
	Rearranging the Geopolitics of Climate Change Due to Climate and Carbon Coloniality
		1 Introduction
		2 The Turn of Modernity As the Origins of Climate Change
		3 From the Colonialism of Carbon to Climate Coloniality
		4 Rethinking the Geopolitics of Climate Justice from a Decolonial International Law Perspective
		5 Final Remarks
		References
	Environmental Justice: From the Bifocal Lens of Restorative Justice and the Feminist Approach
		1 Introduction
		2 Literature Review
		3 Methodology
		4 Understanding Restorative Justice
		5 Restorative Justice and Feminism
		6 Elements of Environmental Justice
		7 Environmental Justice from the Perspective of Restorative Justice and Feminism
		8 Case Studies Around the World
			8.1 Australia
			8.2 Canada
			8.3 Japan
			8.4 New Zealand
		9 Suggestions for a Sound Environmental Justice System
		10 Conclusion
		References
	The Mitu-Bell Case As a Legal North in the Progressive Realisation of Economic, Social, and Cultural Rights at a Time of Clima...
		1 Introduction
		2 Background of Study
		3 Land Administration Procedures and Land Use Management Practices
		4 Legal and Policy Developments from 2010
			4.1 February 2010-The Endorois Case
			4.2 The Constitution of Kenya, 2010
			4.3 Creation of the Environment and Land Courts
			4.4 Repeal of Laws and Legislation of New Land Laws and Inaction of Inquiry Reports
			4.5 The Mitu-Bell Case
		5 Potential Areas for Friction and Rights Queries
			5.1 Agriculture
			5.2 Animal Rights and Welfare
			5.3 Water Resource Access and Conservation
			5.4 Tourism
			5.5 Housing
			5.6 Sports
			5.7 Digitisation and Technology
			5.8 Gray Expansion, Relocation of Educational Institutions, and Other Infrastructural Development Incursions
			5.9 Agricultural Decline and the Right to Work
			5.10 Energy Supply
			5.11 Cultural Practices
		6 Conclusion
		References
	The Intersectionality of the Patriarchal Nature of the Exercise for the Formation of a National Register of Citizens (NRC) and...
		1 Introduction
		2 Objective
		3 Methodology
		4 Limitations of the Study
		5 Brief of Char Chapori
		6 Climate Change
			6.1 Climate Change-Driven Floods in Assam
			6.2 Displacement Caused by Floods in Assam
			6.3 Why Conflicts Frequently Arise As a Result of Climate Change?
		7 Migrations
			7.1 Waves of Migration to Assam
			7.2 Migration Pattern, Bangladesh and Its Link with Assam
			7.3 Linking Migrations to Conflict
		8 Ethnic Conflicts
			8.1 Assamese-Bengali Ethnic Conflicts in Assam
			8.2 History of Climate-Driven Conflicts in Assam
		9 Elusiveness of Climate Justice and Gender Justice in the Detection of Illegal-Immigrants
			9.1 Role of Judiciary in the NRC Process
			9.2 Elusiveness of Climate Justice in the NRC Process
			9.3 Elusiveness of Climate Justice and Gender Justice for Women in Char Areas
			9.4 Reasons Behind the Disproportionate Impact of the NRC on Women
		10 Conclusions
		References
Part III: Extra-Jurisdictional Impact
	A Comparative Study on Critical Legal Issues in Korea and EU Countries on Climate Change Litigations: Based on Social Network ...
		1 Introduction
			1.1 Literature Review
				1.1.1 Climate Change Lawsuit
				1.1.2 Big Data Analysis and Social Network Analysis (SNA)
			1.2 Methodology and Research Process
		2 Overview of Climate Lawsuits
			2.1 History of Climate Change Lawsuits
			2.2 The Climate Lawsuits in the Netherlands, Germany, and Korea
				2.2.1 The Netherlands
				2.2.2 Germany
				2.2.3 Korea
		3 Research Model
			3.1 Data
			3.2 Method
		4 Analytic Results
			4.1 Big Data Analysis with Word Cloud
				4.1.1 Korea
				4.1.2 EU: The Netherlands and Germany
			4.2 Social Network Analysis (SNA)
		5 Conclusion
		References
	Recent Climate Change Cases in France and Germany Through the Lens of Feminist Legal Methods
		1 Introduction
		2 Feminism and Environmental and Climate Change Law Issues
			2.1 Feminism and the Environment
			2.2 Feminist and Environmental and Climate Change Law
			2.3 Feminist Legal Methods
		3 Methodology
			3.1 Contextualisation and Particularity: Reasoning from Context
			3.2 Relationships and Interdependence
		4 Discussion
			4.1 Recent Climate Change Cases in France and Germany
			4.2 The Use of Human Rights Enshrine in International Law and National Law in Climate Change Cases
				4.2.1 Right to Life, Right to Private and Family Life, Right to Property, and Right to an Ecological Minimum Standard of Living
				4.2.2 Protection of the Natural Foundations of Life and Animals
			4.3 Applicability of International Norms by National Judges
			4.4 Recognition and Reparation of Ecological Damage
				4.4.1 Recognition of Ecological Damage
				4.4.2 Reparation of Ecological Damage
			4.5 The Climate Change Cases Through a Feminist Lens
			4.6 Roles of Judges and Challenges in Adjudicating Climate Change Issues
				4.6.1 The Role of Judges in Addressing Climate Change
					High Degree of Complexity of Climate-Related Issues
					Separation of Powers
			4.7 Which Role for Feminism Approaches in Climate Change Cases?
		5 Conclusion
		References
	Summary and Conclusion
		References
Index