The Rising Tide of Rights: Addressing Climate Loss and Damage through Rights-Based Litigation

Abstract

This article offers a comprehensive analysis of rights-based climate litigation aimed at addressing climate change-induced loss and damage, underlining its potential as a transformative force amid the minimal progress towards a coordinated global response on this topic. It builds on literature highlighting the potential of rights-based climate litigation to fill the gap in accountability for climate change and its consequences, noting that research to date has not systematically analyzed the remedies that plaintiffs have sought or secured. By focusing on remedy claims, this study illuminates the capacity and the limitations of such litigation to unlock redress for loss and damage while highlighting its reciprocal relationship with international negotiations. This synergy implies a promising trajectory towards a more equitable climate governance framework, despite the complexities and challenges inherent in this rapidly evolving field.