Climate Change Litigation: General Perspectives and Emerging Trends

Abstract

This article provides an overview of the historical and current landscape of climate change litigation, highlighting its transformative impact on public perceptions and governmental policies globally. Ground-breaking cases have compelled States to adopt more ambitious greenhouse gas reduction targets, whilst emphasising a rights-based approach to climate change mitigation and adaptation measures. In fact, strategic climate change litigation is gaining momentum and is likely to continue in volume and importance. This allows for the targeting of a wider range of actors, not least within the private sector, which in turn can pose financial risks to fossil fuel firms. The article also discusses certain emerging trends in the context of climate change litigation, as well as the potential for a shift towards personal responsibility and inter-state arbitration in 2024. It concludes that climate change litigation emerges as a powerful strategy, capable of influencing policy, ensure accountability, and drive systemic change towards climate justice for present and future generations.