Papers by Gianni Ghinelli, Ph.D.
According to the ipcc, climate change causes mass harm and threatens human rights with exponentia... more According to the ipcc, climate change causes mass harm and threatens human rights with exponential risks for future generations. The features of climate change impacts and the emerging need for access to ‘climate justice’ clash against procedural rules
that imply the protection of individual rights. Despite the appearances, though, climate litigation is not incompatible with the separation of powers principle.
This article argues that the EU should promote a harmonized procedural device to protect human rights, the climate and the environment. The eli-Unidroit Rules on collective proceedings, the iba Model Statute’s proposals on ‘citizen suits’, and the existing European legal framework, including the recent ruling of the echr on the Klimaseniorinnen case, constitute important points of reference to work on such a reform.
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YSEC Yearbook of Socio-Economic Constitutions, 2023
Climate change impacts fundamental rights with increasing and irreversible effects. Yet, it remai... more Climate change impacts fundamental rights with increasing and irreversible effects. Yet, it remains largely unresolved by political action, and tipping points in the climate system are a genuine concern. Citizens are therefore seeking relief in court. However, traditional standing, justiciability, and evidence rules hinder access to climate justice, making it uncertain and potentially expensive for plaintiffs. Many cases have, in fact, been rejected based on procedural grounds. In addition, procedural rules appear to mismatch the fragmented nature of climate change harm. This Chapter argues that the 2020 Model Statute for Proceedings Challenging Government Failure to Act on Climate Change, drafted by the International Bar Association, might offer viable solutions for procedural law reform to decrease the hurdles identified for climate justice.
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This article explores the origins and categories of climate change litigation, to then focus on h... more This article explores the origins and categories of climate change litigation, to then focus on how the hurdles of standing and justiciability have been tackled in the cases Urgenda and Juliana. In conclusion, the paper proposes some solutions to overcome such procedural matters with regard to the Italian legal system.
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Le Pagine de L'Aula Civile, 2020
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Trust e attività fiduciarie, 2020
This paper concerns the international regulation of "closely connected claims" as an alternative ... more This paper concerns the international regulation of "closely connected claims" as an alternative ground of jurisdiction, with special regard to the nullity actions of the trust. The analysis starts by considering a decision rendered by the Italian Corte di cassazione (Cass., SS.UU., ord. 18 March 2019, n. 7621) it then highlights the "ratio legis" of such regulation and the related CJEU case-law evolution. The objective is to point out when separate but connected claims against multiple parties can be brought in front of the same court-with consequent centralization of international jurisdiction-if one of the raised claims is that of nullity of the trust.
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Thesis Chapters by Gianni Ghinelli, Ph.D.
Orientamenti - Rivista di Studi Economici Giuridici Sociali, 2018
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Books by Gianni Ghinelli, Ph.D.
This paper deals with the procedural law issue of justiciability in the Italian legal system. Aft... more This paper deals with the procedural law issue of justiciability in the Italian legal system. After describing the legal background to the objection of justiciability, the paper argues that Italian ordinary courts have jurisdiction and should, therefore, decide the merits of the first Italian climate case – Giudizio Universale1.
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Papers by Gianni Ghinelli, Ph.D.
that imply the protection of individual rights. Despite the appearances, though, climate litigation is not incompatible with the separation of powers principle.
This article argues that the EU should promote a harmonized procedural device to protect human rights, the climate and the environment. The eli-Unidroit Rules on collective proceedings, the iba Model Statute’s proposals on ‘citizen suits’, and the existing European legal framework, including the recent ruling of the echr on the Klimaseniorinnen case, constitute important points of reference to work on such a reform.
Thesis Chapters by Gianni Ghinelli, Ph.D.
Books by Gianni Ghinelli, Ph.D.
that imply the protection of individual rights. Despite the appearances, though, climate litigation is not incompatible with the separation of powers principle.
This article argues that the EU should promote a harmonized procedural device to protect human rights, the climate and the environment. The eli-Unidroit Rules on collective proceedings, the iba Model Statute’s proposals on ‘citizen suits’, and the existing European legal framework, including the recent ruling of the echr on the Klimaseniorinnen case, constitute important points of reference to work on such a reform.