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"New judicial approaches" [2019] ELECD 2381; in Brown, E.L. Abbe (ed), "Intellectual Property, Climate Change and Technology" (Edward Elgar Publishing, 2019) 174

Book Title: Intellectual Property, Climate Change and Technology

Editor(s): Brown, E.L. Abbe

Publisher: Edward Elgar Publishing

Section: Chapter 6

Section Title: New judicial approaches

Number of pages: 45

Abstract/Description:

Building on legal theory (in particular arguments for coherent and a Wild Law approach) and evolving approaches to statutory interpretation from a human rights perspective, this chapter develops new approaches to statutory interpretation through which courts could deliver new outcomes to the case study facts. A ProEarth approach to statutory interpretation and new hybrid action combining private and public causes of action building - a climate change Campbell - are introduced, yet this cannot address all black holes.