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Chapter 8 on Extraterritoriality discusses how the cross-border nature of climate impacts is addressed within climate litigation. The author scrutinises the interpretation of ‘jurisdiction’ and related procedural and substantive issues in the context of these transboundary impacts. His analysis showcases how these legal principles and procedural rules either facilitate or constrain courts and quasi-judicial bodies in grappling meaningfully with these impacts. In his exploration of key decisions, the author unravels their implications for the global governance of climate change and the challenges and opportunities they present for transboundary climate lawsuits. He distils emerging best practices that reveal how courts and quasi-judicial bodies, through judicious interpretation of legal principles, are grappling with the global dimensions of climate change. Despite the complexities inherent in integrating extraterritorial considerations into climate litigation, the chapter posits an optimistic outlook and highlights how visionary legal reasoning can tackle these complexities in a manner that is conducive to ensuring access to justice for those most affected by climate impacts.
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