How Climate Justice Framings Should Affect Environmental Law: The Case for Establishing an Environmental Court of Justice

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My primary research question is whether a case can be made for the establishment of an Environmental Court of Justice through the use of climatejustice framings. Climate change presents many challenges to the international order and all the actors and institutions in it, and I believe thecurrent response has been inadequate to deal with those challenges. The state-centric approach that continues to dominate the international legalorder often dismisses climate justice because of the assumption that climate change burdens will never been evenly distributed across sovereignborders and therefore is of less importance. However, the inherent inequalities present both in the international system broadly but also in thespecific context of climate change action illustrates why there is the need for a questioning and potential restructuring of the international order,and especially the legal order governing the international system. Through a normative theory approach utilising qualitative methods likediscourse analysis I am to assess whether climate justice framings can be used to make a case for the establishment of an Environmental Court ofJustice. I suggest that that a case could be made if it was used as an opportunity to establish a multilevel legal governance body that presented anovel approach to issues of climate justice.