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The Agency of Transnational Strategic Litigators in Global Governance

This project aims to develop a model of transnational collaboration among strategic litigators to enhance their agency in addressing global environmental governance challenges through comparative and qualitative research.

Subsidie
€ 1.470.849
2022

Projectdetails

Introduction

Litigators feature in a crucial role as we confront the pressing global environmental governance challenges of the 21st Century. They possess an agency which is capable of driving the evolution and implementation of law across national boundaries and at the supranational level.

Project Proposal

This project proposes to develop a groundbreaking, explanatory model of transnational collaborations among strategic litigators. The model will account for:

  1. Their modes of collaboration.
  2. How those collaborations affect their agency in controlling the issues in their respective fields.
  3. How they negotiate complex ethical and professional challenges in their work.

Research Methodology

It proposes to develop this model through the combination of:

  • Comparative doctrinal research.
  • Inductive qualitative socio-legal research.

This will be conducted across four case studies of strategic litigation:

  1. Climate change.
  2. Large-scale land transfers.
  3. Pollution caused by extractive industries.
  4. Species conservation.

Objectives

The project pursues the groundbreaking aim of explaining the multi-faceted and complex deliberations among transnational communities of litigators. These deliberations give rise to and shape the landmark cases transforming environmental governance in diverse national contexts.

Contribution to Sociology

With this contribution to the sociology of strategic litigators, the project will achieve a breakthrough in our understanding of how change can be initiated in legal systems. This understanding is crucial to overcoming perpetual obstacles and meeting our global environmental challenges.

Significance

The project aims to achieve a breakthrough in understanding how litigators drive states and their legal systems to act upon their ability to govern global environmental challenges. This is particularly significant given the unlikelihood of it occurring through domestic and international lawmaking alone.

Conclusion

In sum, the project aims to develop a groundbreaking model of an innovative type of agency and actor in global governance: the strategic litigator collaborating across borders.

Financiële details & Tijdlijn

Financiële details

Subsidiebedrag€ 1.470.849
Totale projectbegroting€ 1.470.849

Tijdlijn

Startdatum1-9-2022
Einddatum31-8-2027
Subsidiejaar2022

Partners & Locaties

Projectpartners

  • TILBURG UNIVERSITY- UNIVERSITEIT VAN TILBURGpenvoerder

Land(en)

Netherlands

Inhoudsopgave

European Research Council

Financiering tot €10 miljoen voor baanbrekend frontier-onderzoek via ERC-grants (Starting, Consolidator, Advanced, Synergy, Proof of Concept).

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