An impressive 2,180 climate-related cases have been filed in 65 jurisdictions since December 2022, spanning international and regional courts, tribunals, and other adjudicatory bodies like those at the United Nations. This indicates the emergence of Climate litigation is emerging as a groundbreaking approach to address the pressing issue of climate change.
The numbers indicate a steady rise from 884 cases in 2017 to 1,550 cases in 2020, according to the Global Climate Litigation Report: 2023 Status Review. Notably, children, youth, women’s groups, local communities, and Indigenous Peoples play a significant role in initiating these cases and advocating for climate change governance reform worldwide.
Stating that Climate Litigation represents a frontier solution to change the dynamics of the fight, United Nations Environment Programme Director of the Law Division Patricia Kameri-Mbote said, “As this report shows, people are increasingly turning to the courts to combat the climate crisis. Governments and private sector entities are being increasingly challenged and held to account.”
“We are seeing new claims centred on the violation of legislation related to NetZero targets, environmental impact assessments, advertising standards, and obligations under the Paris Agreement. Climate litigation has set precedents for climate action all over the globe, going beyond the jurisdictions in which they were brought and empowering and driving similar action in other countries,” she said.
OVERVIEW AND PURPOSE OF THE REPORT
The report serves as a comprehensive update on the status of climate change litigation and the prevailing global trends in this domain. Intended for judges, lawyers, advocates, policymakers, researchers, environmental defenders, climate activists, human rights activists, NGOs, businesses, and the international community, the report offers invaluable insights into the state of global climate litigation. It encompasses key issues that courts have faced during climate change cases, providing essential guidance for all stakeholders.
ROLE OF ENVIRONMENTAL RULE OF LAW
This report underscores the vital role of an environmental rule of law in addressing the triple planetary crises of climate change, biodiversity loss, and pollution. Access to justice is pivotal in safeguarding environmental laws and human rights, and fostering accountability in public institutions. By empowering individuals to seek justice, climate change litigation contributes to the protection of the environment and human rights alike.
According to the report, most ongoing climate litigation falls into one or more of six categories:
1) Cases relying on human rights enshrined in international law and national constitutions
2) Challenges to domestic non-enforcement of climate-related laws and policies
3) Litigants seeking to keep fossil fuels in the ground
4) Advocates for greater climate disclosures and an end to green washing
5) Claims addressing corporate liability and responsibility for climate harms
6) Claims addressing failures to adapt to the impacts of climate change.
LINK BETWEEN HUMAN RIGHTS AND CLIMATE CHANGE
The report’s launch coincides with the anniversary of the United Nations General Assembly’s recognition of the human right to a clean, healthy, and sustainable environment (A/RES/76/300). Many cases presented before the courts demonstrate the undeniable connection between human rights and climate change. As climate change impacts negatively impact all human rights, this United Nations resolution is likely to fuel further action on climate change in the future.
The Global Climate Litigation Report: 2023 Status Review exemplifies the growing significance of climate litigation in transforming the fight against climate change. As communities and individuals increasingly seek justice through legal means, this report serves as an indispensable resource for understanding the current state of global climate litigation. By recognizing the link between human rights and climate change, and advocating for an environmental rule of law, stakeholders worldwide can collaboratively address the climate crisis and drive meaningful change towards a sustainable future.
KEY CLIMATE LITIGATION CASES
- The UN Human Rights Committee concluding for the first time that a country has violated international human rights law through climate policy and climate inaction, finding Australia’s government is in violation of its human rights obligations to Torres Strait Islanders;
- Brazil’s Supreme Court holding that the Paris Agreement is a human rights treaty, which enjoys “supranational” status;
- A Dutch court ordering oil and gas company Shell to comply with the Paris Agreement and reduce its carbon dioxide emissions by 45 per cent from 2019 levels by 2030. This was the first time a court found a private company to have a duty under the Paris Agreement;
- Germany’s court striking down parts of the Federal Climate Protection Act as incompatible with the rights to life and health;
- A court in Paris holding that France’s climate inaction and failure to meet its carbon budget goals have caused climate-related ecological damages;
- A United Kingdom court finding that the government had failed to comply with its legal duties under its Climate Change Act 2008 when approving its net-zero strategy;
- Efforts to obtain advisory opinions on climate change from the International Court of Justice and the International Tribunal for the Law of the Sea are being initiated and driven by Small Island Developing States.