Climate change litigation as a tool for global environmental policy reform: A comparative study of international case law
1 Independent Researcher, New Jersey, USA.
2 Independent Researcher, Lagos Nigeria.
3 Energy Law Center, Paul M. Hebert Law Center, Louisiana State University, USA.
4 Department of Sustainability, Eastern Illinois University Charleston Illinois, USA.
Review
Open Access Research Journal of Multidisciplinary Studies, 2024, 08(02), 104–115.
Article DOI: 10.53022/oarjms.2024.8.2.0070
Publication history:
Received on 27 October 2024; revised on 01 December 2024; accepted on 05 December 2024
Abstract:
Climate change litigation has emerged as a potent mechanism to hold governments, corporations, and other entities accountable for their role in environmental degradation and to drive forward global environmental policy reform. This comparative study examines landmark cases across various jurisdictions, exploring how litigation has been utilized to enforce environmental laws, promote stricter emission regulations, and demand climate-related disclosures. By analyzing a diverse selection of case law from regions including North America, Europe, Asia, and Australia, the study identifies key legal arguments, doctrines, and trends that have shaped the outcomes of these cases. It further highlights the role of non-governmental organizations, indigenous communities, and youth activists in initiating and advancing climate change lawsuits, thus emphasizing the intersectionality and global reach of climate-related legal action. The findings reveal a progressive alignment of domestic courts with international climate frameworks, such as the Paris Agreement, demonstrating how litigation has become an influential tool for environmental advocacy and policy reform. This research contributes to the growing discourse on climate justice by providing insights into the legal strategies that have successfully driven systemic changes and offering policy recommendations for future climate governance.
Keywords:
Climate change; Environmental policy; Climate justice; Environmental governance; Emission regulations
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Copyright © 2024 Author(s) retain the copyright of this article. This article is published under the terms of the Creative Commons Attribution Liscense 4.0