Climate Change Litigation Under International Law
F.W.H. Samathanarasan, LL.M., (International Law and Organisation), University of Madras, Department of Legal Studies
ABSTRACT
Climate change litigation has emerged as a significant legal mechanism for addressing the growing impacts of climate change and ensuring accountability for environmental harm. As the adverse effects of global warming increasingly threaten ecosystems, human rights, and sustainable development, courts at the domestic, regional, and international levels have assumed a more active role in interpreting and enforcing climate-related legal obligations. This research examines the evolution of climate change litigation under international law by analyzing the legal framework established through international environmental treaties, customary international law, and human rights instruments. It further explores the contribution of landmark judicial decisions, including advisory opinions of international tribunals and significant national judgments, in shaping State responsibility and climate governance. The study also evaluates the legal challenges associated with climate litigation, such as jurisdiction, standing, causation, attribution of responsibility, and enforcement of judicial decisions. By assessing recent developments in international jurisprudence and the growing integration of environmental protection with human rights law, this paper highlights the increasing importance of litigation as a tool for promoting climate justice and strengthening compliance with international legal obligations. It concludes that although climate litigation cannot replace political action, it has become an essential mechanism for advancing accountability, encouraging stronger climate policies, and reinforcing the principles of international environmental law.
Keywords: Climate Change Litigation, International Law, UNFCCC, Paris Agreement, Human Rights, State Responsibility, Climate Justice, Environmental Law.
