Climate Litigation as Global Law

Abstract

This chapter provides an analysis of the actual and potential contribution of climate litigation to the further development of global law. It identifies certain general trends that can be deduced from the already existing examples of climate litigation that may shape the evolution of global law applicable to the global community’s efforts to jointly combat climate change. Included in the scope of the analysis of this chapter are issues as diverse as the relationship between the courts and the lawmakers, as well as the role of scientific evidence in judicial reasoning. This chapter also addresses the role of the courts in interpreting the human right to a healthy environment and its application in the context of climate change. Finally, an analysis is provided of the legal representation of the rights and interests of climate migrants and climate refugees, of people living abroad, of future generations, and of nature itself.