Miriam Cohen, « Participation in Advisory Climate Change Proceedings: Bridging the Gap between the Judiciary and the International Community », dans The Role of Advisory Opinions in Int'l Law in the Context of the Climate Crisis, Armando Rocha and Maria Antônia Tigre (dir.), Brill Nijhoff, pp. 199-219.
Climate change is one of humanity’s most pressing issues. Unsurprisingly, international and regional courts have been seised in cases concerning the climate crisis. While parallel proceedings have taken place before international and regional courts, the procedural rules in these Courts are distinct. This can have an impact on the possibility of participation of different actors (ie individuals, NGO s, international organisations, States) in these proceedings, and ultimately, in the inclusion of different perspectives in the outcome of the proceedings. The chapter argues that an inclusive approach to international climate litigation is necessary to meet the challenges posed by climate change. It compares and contrasts the different possibilities of participation within the proceedings before the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS) and the Inter-American Court of Human Rights (IACtHR). It aims to enhance the understanding of the complexities of international climate litigation by emphasizing the question of participation and inclusivity in international climate justice. The chapter discusses the drawbacks and advantages of broad participation in different ongoing advisory proceedings. It ultimately argues that broad participation in advisory proceedings can foster a more inclusive international climate justice and bridge the gap between the international community and the judiciary, as well as garner the legitimacy of advisory opinions and their implementation. The chapter commences with a summary of participatory justice theory and how it relates to the context of climate change advisory proceedings. It then delves into the different rules governing participation in various international and regional jurisdictions. Lastly, it examines participation and inclusivity in international climate change proceedings, highlighting both the advantages and limitations, as well as its contribution to the development of an inclusive climate justice.
Ce contenu a été mis à jour le 12 janvier 2026 à 13 h 33 min.