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Description

Adopting a multidisciplinary approach to climate adjudication, this book addresses how adjudicators decide cases by considering the influence of psychology, philosophy, legal education, film, literature, political economy, political ecology, judicial appointments, history, and climate science on their decision-making and ultimately on the (inconsistent) outcomes in climate cases.

Drawing upon the humanities, science of climate change and/or social sciences to identify extra-legal factors that may drive the decision-making processes and outcomes of climate cases, this book uses case studies from different jurisdictions across the globe, addressing climate cases decided or pending in Africa, Asia, Europe, Latin and North America, and Oceania.

In all, the volume will:
- Engage with extra-legal influence to how show judges and arbitrators make their decisions in climate cases, shedding light on the inconsistent responses that climate cases have generated so far
- Challenge assumptions of legal universalism, by recognising differences in how the law works in various
- Inform actors involved in climate litigation (lawyers, judges, arbitrators, disputants), policymakers, and the public about how cases are decided

Table of Contents

1. Introduction: Extra-Legal Factors in Climate Adjudication: Justifying a Multidisciplinary Analysis
Myriam Gicquello (Newcastle University), Melanie Murcott (University of Cape Town), and Emily Webster
(University of Cambridge)
2. Mind Over Reason: Pre-Existing Beliefs and Preferences Informing Judicial Outcomes in the US
Myriam Gicquello (Newcastle University)
3. A Slow Start of Climate Change Litigation in Sweden: What's Education Got to Do with It?
Sanja Bogojevic (University of Oxford)
4. Climate Rights and the Judicial Appointment Process in South Africa and the US
James R. May (Widener University) and Chris Oxtoby (Independent Researcher)
5. Contested Histories, Positionality and the Judiciary in the UK, USA and Canada
Emily Webster (University of Cambridge) and Jessica Crow (University of Cambridge)
6. Trinity Forensics: Nuclear Colonialism and Mediated Litigation in Nuevo México
Stephen N. Borunda (UC Santa Bárbara) and Myrriah Gómez (The University of New Mexico)
7. Budgets, Leakage and Reparations: How the Courts Confront Political Economy in Transnational
Climate Litigation
Phillip Paiement (Tilburg University)
8. Philosophy, Power, and Justice: Exploring Adjudicative Approaches in response to Climate Risk in
Africa
Allan Basajjasubi (Natural Justice), Lindlyn Moma (University of Pretoria), and Melanie Murcott (University
of Cape Town)
9. Charting the Indigenous Experience of Climate Litigation in Settler-Colonial Legal Regimes
Harj Narulla (Doughty Street Chambers, University of Oxford) and Ganur Maynard (Australian National
University, North Australian Aboriginal Justice Agency)
10. Climate Science, (Un)Certainty and the Burden of Proof: Lessons for Climate Adjudication around the
Globe
Mark New (University of Cape Town)
11. Climate Vulnerability and Scientific Evidence in European Climate Adjudication: Unpacking Variances
Emily Barritt (King's College London), Matteo Fermeglia (Hasselt University), and Birgit Peters (Trier
University)
12. Climate Change Adaptation and Litigation: Understanding the political ecology of transformation
Birsha Ohdedar (SOAS University of London)

Product details

Bloomsbury Academic Test
Published 01 Oct 2026
Format Ebook (Epub & Mobi)
Edition 1st
Extent 272
ISBN 9781350501645
Imprint Bloomsbury Academic
Illustrations 5 bw illus
Series Global Challenges in the Environmental Humanities
Publisher Bloomsbury Publishing

About the contributors

Anthology Editor

Myriam Gicquello

Myriam Gicquello is Lecturer in Mediation and Alte…

Anthology Editor

Melanie Murcott

Melanie Murcott is Associate Professor of Public L…

Anthology Editor

Emily Webster

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