Climate Litigation

Abstract

The last decade has seen an increase in the number, specificity and importance of laws codifying national and international responses to climate change. As these laws have recognised new rights and created new obligations, they have led to the initiation of lawsuits challenging either their effectiveness or their concrete application. The aim of these disputes is to force legislators and policy makers to take a more ambitious and thorough approach to climate change. In addition, litigation has continued to fill the gaps left by legislative and regulatory inaction. As a result, the courts are increasingly adjudicating disputes over actions – or inaction – in relation to climate change mitigation and adaptation efforts.