Climate Litigation: Forging A New Era In International Law

Oshin Johari, National Law Institute University

ABSTRACT

In recent years, climate litigation has emerged as a powerful tool in the global fight against climate change, driving significant developments in international law. This paper examines the evolving landscape of climate litigation and its implications for shaping international legal norms. As the climate crisis intensifies, individuals, communities, and even nations are increasingly turning to the courts to hold governments and corporations accountable for their contributions to climate change. This surge in climate- related lawsuits is not only addressing immediate environmental concerns but is also setting critical precedents that are reshaping the contours of international law.

The paper explores key cases from different jurisdictions that have pushed the boundaries of existing legal frameworks, compelling states and private entities to align their actions with international climate commitments. It highlights landmark rulings, such as the Uganda case in the Netherlands and the Juliana case in the United States, and examines their influence on global legal standards. Additionally, the paper delves into the role of international tribunals and human rights bodies in advancing climate justice, particularly in relation to vulnerable populations disproportionately affected by climate change.

By analysing the intersection of climate litigation and international law, this research underscores the potential for legal actions to enforce global climate obligations and promote accountability. The paper also considers the challenges and opportunities presented by this dynamic field, including the need for coherent legal principles and the role of international cooperation in addressing transboundary environmental harm. Ultimately, this study aims to provide a comprehensive understanding of how climate litigation is driving the evolution of international law, paving the way for a more resilient and just global legal order in the face of the climate crisis.

Keywords: Climate Litigation, International Law, Climate Crisis, Environmental Justice Legal Precedents, Human Rights, Global Climate Governance, Accountability, Transboundary Environmental Harm, International Tribunals.