Climate at the Apex: The Emerging Role of Apex Courts in Global Climate Governance

Journal

Climate Law

Authors

Eoin Jackson and Joana Setzer

Abstract

This article offers the first global mapping and comparative analysis of climate litigation reaching domestic apex courts. Drawing on a novel dataset, it identifies more than 360 cases decided between 1995 and 2024, with a sharp rise since 2015. Apex courts are defined as the highest domestic judicial bodies with final jurisdiction over climate-relevant matters. The analysis shows that apex court decisions lean modestly toward outcomes supportive of stronger climate action. Outcomes vary considerably across regions, defendant types, and litigation strategies: polluter pays cases show the highest success rates, while government framework challenges, despite attracting the greatest public and scholarly attention, show more mixed results. The analysis also traces the limited but growing influence of domestic apex court jurisprudence on regional and international climate adjudication. The findings offer a prima facie mapping of judicial receptivity and governance orientation rather than a full account of doctrinal nuance or implementation outcomes.

DOI: 10.1163/18786561-bja10105