The legally disruptive nature of climate change

Journal article

Climate change gives rise to disputes and problems not easily addressed by existing legal doctrines and frameworks. This is because it is a polycentric problem; the assessment of future climate impacts must deal with uncertainty; climate change is socio‐politically controversial; and addressing climate change requires recognising a dynamic physical environment. As such, climate change can be thought of as legally disruptive in that it requires lawyers and legal scholars to reconcile the legal issues raised by climate change with existing legal orders. The legal disruption catalysed by climate change has not only led to the creation of new legal regimes but also given rise to a multitude of legal disputes that require adjudication. A study of some of these cases highlights the need for active and deliberate reflection about the nature of adjudication and the legal reasoning embedded in it when confronted by a disruptive phenomenon like climate change.

Authors: Fisher, E; Scotford, E; Barritt, E

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Wiley
• Journal: Modern Law Review
• Volume: 80
• Issue: 2
• Pages: 173-201
• Publication date: 2017-03-03
• Acceptance date: 2016-07-22
• DOI: 10.1111/1468-2230.12251
• EISSN: 1468-2230
• ISSN: 0026-7961
• Keywords: climate change; courts; adjudication