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21 N.Z. J. Envtl. L. 89 (2017)
International Climate Change Litigation: Limitations and Possibilities for International Adjudication and Arbitration in Addressing the Challenge of Climate Change

handle is hein.journals/nzjel21 and id is 95 raw text is: 89 International Climate Change Litigation: Limitations and Possibilities for International Adjudication and Arbitration in Addressing the Challenge of Climate Change Luke Elborough* Climate change is a global concern of humankind. The impacts will touch almost every aspect of our lives and countering the challenge requires a comprehensive international response. This article argues that despite individual decisions in international climate-related litigation not achieving climate justice, judicial and arbitral decisions foster dialogue among significant actors. Most imperatively, this highlights governance gaps, thereby emphasising significant questions regarding how to constructively reform the climate, trade and investment regimes. Examining relevant decisions of the International Court of Justice (ICJ) indicates that the ICJ could potentially beneficially develop the scope of international obligations on states to address climate change, yet there is no guarantee given the underdevelopment offundamental international obligations. Surveying key cases from the World Trade Organization (WTO) dispute settlement bodies as well as investor-state arbitral tribunals leads to the conclusion that there are deficiencies with both systems which fundamentally must be rectified if *BA/LLB(Hons) University of Auckland. This article is an edited version of a dis- sertation submitted in partial fulfilment of the requirements for a Bachelor of Laws with Honours degree. Special acknowledgement to Dr Caroline Foster, the author's supervisor, for greatly appreciated assistance and guidance. Many thanks to Dr Ken Palmer and the NZJEL for their support and dedication to identifying and addressing these challenges affecting us all. The views expressed remain the author's own, and do not reflect any person or institution with whom the author is affiliated. The author can be contacted at: luke.elborough@gmail.com.

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