Climate litigation

Journal

Oxford Academic

Authors

Joana Setzer*, Maria Antonia Tigre

*The starred authors are contributors from the Grantham Research Institute

Abstract

Climate litigation has emerged as a prominent mechanism for shaping responses to climate change. Broadly defined as judicial and quasi-judicial proceedings in which climate science, law, or policy forms a material issue, climate litigation encompasses disputes over mitigation, adaptation, accountability, and justice. Its rise reflects both the urgency of the climate crisis and the uneven implementation of international and domestic climate commitments. The field has evolved significantly, expanding from early regulatory disputes to a wide range of claims involving constitutional rights, human rights, corporate accountability, financial risk, and adaptation obligations. Plaintiffs include individuals, civil society organizations, Indigenous communities, and sub-national governments, while defendants range from states and regulators to corporations and financial institutions. Courts and tribunals play an increasingly important role in mediating between science and law, adjudicating causation and responsibility, and developing remedies with broad societal implications. Climate litigation thus reflects the convergence of law, science, and politics in addressing a defining crisis of the 21st century. It operates both as a compliance mechanism and as a catalyst for new norms, while exposing the opportunities and limits of judicial processes in steering the global climate response.

DOI: 10.1093/9780197851746.003.0990