Title Klimato kaita kaip faktinė aplinkybė bylą nagrinėjant teisme /
Translation of Title Climate change as a fact in court proceedings.
Authors Montvydas, Liudas
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Pages 48
Abstract [eng] The grounds of acquiring locus standi in climate change cases This master's thesis analyzes the basis of acquiring locus standi in climate change cases in ECtHR, US and EU courts. The paper seeks to examine the most important climate change cases in these jurisdictions, as well as takes into account the findings of legal scholars in legal doctrine. The first part of the paper examines the theoretical grounds for acquiring locus standi in each court, as well as linking these grounds to climate change issues. The second part of the paper investigates specific climate change cases and analyzes how the different theoretical basis of locus standi in each jurisdiction discussed in the first part of the paper is applied in actual cases. This section concludes that courts in the US and the EU are unlikely to grant locus standi to private plaintiffs seeking climate action, while plaintiffs in the ECtHR jurisdiction are in a relatively favorable position to bring such cases. The third part of the paper consists of a comparative analysis of the locus standi framework in each jurisdiction, finding that there are certain commonalities between them. Nonetheless, this section concludes that, although there are similarities, the different interpretations of locus standi in each court means that the chances of plaintiffs successfully bringing climate action in different jurisdictions are completely different.
Dissertation Institution Vilniaus universitetas.
Type Master thesis
Language Lithuanian
Publication date 2021