The United Nations Security Council as a climate litigation body

Document Type

Book Section

Publication Date

6-2024

ISBN

9781800889781

DOI

10.4337/9781800889781.00028

Abstract

The role of the UN Security Council in settling disputes among States has sometimes been depicted as quasi-judicial in nature since the Council may base its decisions on violations of law even though it is neither a court nor a formal dispute resolution body. Indeed, the political as distinct from judicial nature of the Council is typically emphasised in explaining the relationship between the Council and the International Court of Justice as the UN’s principal judicial organ. The Council has addressed climate change since 2007 and has inter alia included climate considerations into the mandates of peace missions. This chapter breaks new ground in analysing the Council as a dispute resolution body in its own right. The five-stage journey of litigation devised by the editors facilitates consideration of how the Council’s response to climate insecurity may continue to evolve in coming years.

First Page

403

Last Page

421

Num Pages

19

Series

Research Handbooks in Climate Law series

Publisher

Edward Elgar Publishing

Editor

Francesco Sindico, Kate McKenzie, Gastón A Medici-Colombo, & Lennart Wegener

Book Title

Research Handbook on Climate Change Litigation

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