Could Foreign Judicial Climate Action Victories Influence American Legal Perspectives?

Authors

• Marc Z. Goldgrub, Benjamin N. Cardozo School of Law

Abstract

The note examines the growing influence of foreign court decisions on U.S. climate change litigation, highlighting both the opportunities and challenges this trend presents. It argues that while foreign precedents provide valuable legal frameworks and persuasive authority, their direct application in U.S. courts is limited by differences in legal systems and the need for domestic tailoring. The analysis emphasizes the potential of international agreements like the Paris Agreement and foreign rulings, such as those in Urgenda and Juliana, to shape U.S. climate policy and judicial outcomes, particularly through the public trust doctrine and state constitutional rights.

Disciplines

Environmental Law | Law

Recommended Citation

Marc Z. Goldgrub, Could Foreign Judicial Climate Action Victories Influence American Legal Perspectives?, 25 Cardozo J. Int'l & Comp. L. 287 (2017).
Available at: https://larc.cardozo.yu.edu/cjicl/vol25/iss2/4