The Global Climate Regime and Transitional Justice

Cover
Title
Copyright
Contents
List of Illustrations
Acknowledgments
List of abbreviations
Introduction: a transitional justice approach to  the climate change context
	Analogous thinking
	Outlining new approaches
	In a context of imperfect justice
1 	From climate harms to climate action
	Climate change and justice
		Core climate justice debates
	Justice in transition
	Transitional justice in the climate context?
	Pushing the boundaries of both fields
2 	Classic strategies for managing climate justice dilemmas
	Fair burden sharing
		Potential limitations of a fair burden sharing approach
	Green growth
		Unlocking climate action through green growth?
		Limitations of a green growth strategy for climate policy
	Let’s fight it in court: using the law for climate justice
		Human rights–based approaches
		Non–human rights–based approaches
	From the ground up: climate justice activism
		Civil society organizing
	Synergies among strategies
3 	Managing responsibility: amnesty, legal  accountability, and truth recovery
	Managing responsibility in the transitional justice context
		Amnesty
		Individual prosecutions
		State and corporate accountability
		Truth commissions
	Applying responsibility measures in the climate context
		Amnesty
		Prosecution and litigation
			Individual prosecutions
			State and corporate accountability
		Truth commissions
			Institutions and commissioners
			Truth, data, and documentation
			Outcomes and recommendations
		Proposal: a truth commission on climate change
	Responsibility and climate justice
4 	Addressing climate harms: strategies for repair
	Reparations in the transitional justice context
	Reparations in the climate context
		Identifying eligible harms
		Linking harms and reparations
		Facilitating contributions to reparations
		Managing the reparation process
	Institutional needs for a reparative approach
5 	Institutional reform for future-oriented climate action
	Institutional reform in transitional justice
	Nonrecurrence and institutional reform in the climate context
		Changes to legal frameworks: the Paris Agreement
		Changes to implementing institutions
			Financial mechanisms
			Due process for human development safeguards
			Adaptation and loss and damage
		Indirect changes through affiliated institutions
			Strengthening domestic climate law
			Educational programs and investments
	Building on existing institutions and norms
6 	Transformative approaches to climate justice
	Critiques of reformism in transitional justice
		Transformative approaches in transitional justice
	Transformational justice in the climate context?
		Transformation through green growth: the convergent climate change story
		Transformation from the grassroots: the divergent climate  change story
		Integrating narratives in tension
	Emergent transformative practices
Conclusion: building solidarity across divides
	Creating new approaches along existing pathways
	Balancing idealism and pragmatism
About the authors
Index