Abstract

Climate litigation and the role of courts is becoming increasingly important as there are more suits being filed in court by civil society organisations and individuals against their national governments. Hence, the court is responding to the failure of national and international policymakers to achieve the goals enshrined in the global climate regime. This paper will take a comparative analysis in analysing how the landmark case influences judges in other parts of the world despite differing legal systems and how the judgments, directly and indirectly shape climate governance in the world. After an in-depth analysis of cases from various jurisdictions, both civil and common law, this paper also examines the future direction of climate litigation to provide a ‘solution’ and ‘certainty’ to address the complex and global phenomenon of climate change.

This paper will be part of the OGEL Special Issue on "Climate Litigation and the Energy Sector". More information here www.ogel.org/news.asp?key=750