CALL FOR PAPERS - SPECIAL ISSUE 2022 - 1

BRAZILIAN JOURNAL OF INTERNATIONAL LAW
Call for Papers
International law and climate litigation

Vol. 19 no. 1. 2022

Guess editors:

Sandrine Maljean-Dubois, CNRS and Aix-Marseille Université (France)
Sophie Lavallée, Université Laval (Canada)

The growing impacts of climate change have given rise to the contemporary legal challenges, namely that of compensation for damages or those related to the problematics of responsibility and liability of States and of other actors. This is, for instance, evidenced by the recent International Court of Justice judgment in the Certain Activities Carried Out by Nicaragua in the Border Area case which, even absent a specific mention of the Paris Agreement, upholds Costa Rica’s claims regarding the role of trees in gas regulation and air quality services before valuating it, or by the recent ruling of the UN Human Rights committee in the Teitiota case. In this context, it is paramount to clarify the responsibility of States in these matters and, therewith, the risks to which States are exposed. This said, States’ responsibility is not the only one that can be invoked. Private companies which feature among the largest emitters, banks and investment funds that finance such business are also exposed to liability claims. Indeed, the past several years have seen an explosion of litigation over actions or inaction related to climate change mitigation and adaptation efforts, before subnational, national, and international courts and committees, thereby pushing for more ambitious regulations, opposing regulatory steps or new plans and proposed developments, or even requesting compensation measures. According to the Sabin Center database, as of February 2020, climate change cases had been filed in 37 countries, with 1369 cases filed in the United States and over 346 cases filed in all other countries worldwhile. Climate litigation can pursue an objective of compensation—triggered ex post in relation to the damage—but more often than not it primarily aims to play a preventive role (ex ante), to push for concrete action, to press legislators and policymakers to be more ambitious in their approaches to climate change and fill the gaps left by legislative and regulatory inaction.
This new phenomenon raises interesting issues for international lawyers. How, at the international level, States have sought to avoid litigation? Nonetheless, and even though international law is rather ill-equipped to handle interstate climate disputes, could this type of litigation be brought before an international jurisdiction? What are the main hurdles? Are non-compliance mechanisms satisfactory alternatives? What are the lessons learned from the development of transnational climate litigation in the fields of investments or human rights? And how is international law used before domestic courts? Can the Paris Agreement help climate change litigation at the national level? In turn, can domestic climate litigation result in a better implementation of the Paris Agreement?
For this special issue, the Brazilian Journal of International Law welcomes contributions aiming to address climate litigation in all its forms: before international courts, tribunals, and adjudicative means of dispute resolution, including non-contentious and non-binding forms of adjudication, but also on domestic courts to the extent that international law is invoked and concerned.


THE JOURNAL

The Brazilian Journal of International Law is a double-blind peer-reviewed journal which publishes three issues per year.

SUBMISSION PROCESS

Manuscripts may be submitted in English, French, Portuguese, or Spanish. Articles in English are strongly recommended. Manuscript revisions will be in the language of submission. Non-native speakers are strongly encouraged to have their paper read by a native speaker. The Journal will reject articles if the level of chosen language is insufficient.
It adopts a double-blind peer-review policy. The response from the first review will normally be provided within 30 days from the submission. Authors are expected to correct and return proofs of accepted articles within 10 days.
Authors should preferably hold a PhD and/or have a strong professional/academic background on climate change and international law at the time of submission. The editors will reject manuscripts before review if they are not suitable for the journal, e.g. because of inadequate or imprecise analytical development, inconsistent formatting or non-compliance with our submission guidelines, and poor writing style (this list is not exhaustive).

The deadline for submission is 31st July 2021.
Publication Date: February/March 2022

COPYRIGHT

All content published by the Journal, except where identified, is licensed under a Creative Commons attribution-type BY-NC. This will ensure the widest dissemination and protection against copyright infringement of articles. The “article” is defined as comprising the final, definitive, and citable Version of Scholarly Record, and includes: (a) the accepted manuscript in its final and revised form, including the text, abstract, and all accompanying tables, illustrations, data; and (b) any supplemental material.
As an author, you are required to secure permission to reproduce any proprietary text, illustration, table, or other material, including data, audio, video, film stills, and screenshots, and any supplemental material you propose to submit. This applies to direct reproduction as well as “derivative reproduction” (where you have created a new figure or table that derives substantially from a copyrighted source). The reproduction of short extracts of text, excluding poetry and song lyrics, for the purposes of criticism may be possible without formal permission on the basis that the quotation is reproduced accurately and full attribution is given.

MANUSCRIPT STRUCTURE

Complete guidelines for preparing and submitting your manuscript to this journal are provided below.
The Journal considers all manuscripts on the strict condition that they have not been submitted elsewhere, that they have not been published already, nor are they under consideration for publication or in press elsewhere. Contributions must report original research and will be subjected to review by referees at the discretion of the Editorial Committee.

GENERAL GUIDELINES

· Manuscripts should be written in Times New Roman, size 12, space between lines 1.5 throughout the manuscript (including all quotations, endnotes and references).
· Pages should be numbered consecutively.
· Notes should be listed consecutively as footnotes
· Manuscripts must be submitted in Word format (.doc). PDF files will not be accepted.
· All the authors of a paper must attach their short curriculum vitae (CV), which must consist of a single one paragraph-text of 100-120 words in length, each. This is to be done online during the submission process.
· The affiliations of all named co-authors should be the affiliation where the research was conducted. If any of the named co-authors moves affiliation during the peer review process, the new affiliation can be given as a footnote. Please note that no changes to affiliation can be made after the article is accepted.
· All manuscripts submitted should be free from jargon and be written as clearly and concisely as possible. Non-discriminatory language is mandatory. Sexist or racist terms must not be used.
· All submissions should be made online via http://www.publicacoesacademicas.uniceub.br/index.php/rdi/user/register

FORMAT

Articles should be based on original research and develop an original argument falling within the scope of the journal. The articles are subjected to a blind-peer review and must include:
· Title
· Abstract of up to 200 words
· 5-7 keywords
· Main text
· References (at the end of the article)
· Footnotes
· Acknowledgements (if appropriate)
· Table(s) and Figure(s) with caption(s) (on individual files) (if appropriate)

FURTHER INFORMATION

For questions regarding the content of this special issue, please contact:
Nitish Monebhurrun, Editor of the Brazilian Journal of International Law (nitish.monebhurrun@ceub.edu.br)


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