Environmental constitutionalism has become a widespread phenomenon but now a group of nations is taking things further, adopting ‘climate constitutionalism’ and thereby placing themselves at the forefront of expressing climate concerns in the language of constitutional rights, as this commentary explains. Read more
This paper provides an overview of known climate litigation case numbers, metrics and categorisations, and considers some of the most relevant trends in the arguments and strategies employed by litigants. Read more
Climate change framework laws are needed for the successful implementation of the Paris Agreement. This policy insight examines the elements that can be ‘built in’ to framework laws to specify accountability for the implementation of the core obligations contained within, based on a review of 43 such laws from the Climate Change Laws of the World database. Read more
Catherine Higham and Joana Setzer summarise how climate litigation is affecting the private sector, drawing on their recent report, Global Trends in Climate Litigation: 2021 snapshot. Read more
Legal Interventions examines three categories of legal intervention that can enable cities to drive climate action: litigation, legal reform initiatives and... Read more
In recent years, climate cases to combat illegal deforestation in the Amazon have begun to be brought before Brazilian courts. This paper focuses on a lawsuit filed by the Institute of Amazonian Studies against the Brazilian state. Read more
This is the third report in our Global trends in climate litigation series, focusing on cases filed or concluded between May 2020 and May 2021. It provides an update of known case numbers, metrics and categorisations, and considers some of the most relevant trends in the arguments and strategies employed by litigants. Read more
This commentary presents the international investment law scenario in which climate-related ‘Investor-State Dispute Settlement’, or ISDS, cases are emerging, identifies the main types of ISDS cases, and considers some reasons why ISDS is relevant for climate litigation and climate policies. Read more
Kate Higham looks into the background to the contempt-of-court trial of Plan B’s Tim Crosland in connection with the ‘Heathrow Case’ and links the trial to a broader phenomenon which sees courts deliberately chosen by climate activists as a space to debate the moral implications of climate inaction. Read more
In this book chapter the authors examine the context and specificities of climate change litigation in Brazil. Read more
