What future for environmental and climate litigation? Exploring the added value of a multidisciplinary approach from international, private and criminal law perspectives

Authors

Stefano Zirulia (ed)
University of Milan
ORCID logo https://orcid.org/0000-0002-5586-6181
Lidia Sandrini (ed)
University of Milan
ORCID logo https://orcid.org/0000-0003-3169-188X
Cesare Pitea (ed)
University of Milan
ORCID logo https://orcid.org/0000-0002-5927-6314
Keywords: Environmental litigation, Climate litigation, International human rights law, Private international law, Private international trade law, Environmental crime, Access to justice

Synopsis

The book provides in-depth analysis and innovative insights on the prospects of climate and environmental litigation, namely by exploring the ability of judicial remedies and sanctions to affect public and private decision-making in every context where natural resources, climate as well as human health are at stake. The chapters reproduce, with additional elaborations, the papers presented at the international workshop that gives the volume its title, held at the University of Milan on 16 September 2022. The underlying question is whether and to what extent, in the face of unsatisfactory and unreasonable political choices on the balance between the different interests at stake, resorting to national and supernational courts represents a valid alternative for a more sustainable future. The relevant contexts covered by the book include, for instance, industrial development, exploitation of natural resources, agricultural production, manufacturing techniques, as well as policies on energy, public and private transport, and urban development. The book is composed of three parts, each one addressing, from multiple perspectives, a specific category of judicial remedies in a certain area of legal studies: I) international human rights law; II) private international law and international trade law; II) domestic and international criminal law.

 

Chapters

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Author Biographies

Stefano Zirulia, University of Milan

Stefano Zirulia is associate professor of Criminal Law at the University of Milan. His main field of research concerns the relationship between criminal law and human rights. He has published several contributions on environmental crime, disasters, occupational diseases, including the monograph Esposizione a sostanze tossiche e responsabilità penale (Giuffrè-Francis Lefebvre, 2018). More recently he has extensively addressed the field of “crimmigration”, publishing the edited collection Controlling Immigration Through Criminal Law, co-edited with Gian Luigi Gatta and Valsamis Mitsilegas (Hart, 2021), as well as the monograph Il favoreggiamento dell’immigrazione irregolare. Tra overcriminalization e tutela dei diritti fondamentali (Giappichelli, 2023).

Lidia Sandrini, University of Milan

Lidia Sandrini is full professor of International Law at the University of Milan. Her main field of research is private international law, from the perspective of both conflicts of jurisdiction and conflicts of law, as well as European regulatory instruments of uniform civil procedural law adopted for the purposes of judicial cooperation in civil matters, especially in relation to civil-commercial disputes. On these topics, she is the author of two monographs (Tutela cautelare in funzione di giudizi esteri, 2012, Cedam; L’interpretazione del diritto internazionale privato dell'Unione europea. Il caso della responsabilità da prodotto, 2018, Gioacchino Onorati Editore) and several articles/contributions in collections; on the same topics she has participated in five international research projects co-funded by the European Commission under the Justice Programme.

Cesare Pitea, University of Milan

Cesare Pitea is associate professor of International Law at the University of Milan. Currently on leave, he works at the Council of Europe in the Information Society Department. Author of several articles and scientific contributions that focus on the nexus between human rights and the environment from an international-publicist perspective, as well as of the monograph Diritto internazionale e democrazia ambientale (Esi, 2013).

Published
May 8, 2024
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Details about the available publication format: PDF

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ISBN-13 (15)
979-125-510-116-1

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