Abstract
Climate change litigation is skyrocketing across the globe and becoming a tool to hold governments accountable for the climate crisis, as a great number of cases challenge authorities’ responses to the problem. These claims have been filed in different spheres, including local and federal courts, quasi-judicial bodies, or other adjudicatory bodies, and some cases have already reached the highest federal court in certain countries. This paper analyses these highest courts’ decisions on claims against governments to identify the role of Supreme Courts in addressing climate change and shaping the future of policies and regulations. I argue that, being the last resort for those seeking justice, Supreme Courts have performed a fundamental role in aligning national objectives with international commitments, such as the Paris Agreement. Due to the novelty of the cases, judges have based their decisions on principles from various areas of law, as exemplified by the human rights approach adopted by the Dutch Court. The remedies have also been innovative, including ordering the creation of a new climate law (Nepal). Furthermore, as climate change is a global phenomenon, we are witnessing a cross-border exchange between courts worldwide. Despite progress in climate litigation, I argue that there are some important obstacles. One of them is the risk of courts assuming the role of political decision-makers, an issue taken into consideration in the recent decision of the Spanish Supreme Court. Another challenge is ensuring compliance with court decisions, which is evidenced by the difficulty of the Colombian case of Future Generations.
Presenters
Silvia FregoniStudent, JSD (PhD) Candidate, University of California, Berkeley, California, United States
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
Technical, Political, and Social Responses
KEYWORDS
CLIMATE CHANGE, CLIMATE LITIGATION, SUSTAINABILITY, PARIS AGREEMENT, HUMAN RIGHTS
