Avoid, Align or Contest? An Examination of National Courts’ Postures in International Climate Law Litigation

Abstract

In numerous climate litigation cases before national courts, plaintiffs have referred to the United Nations Framework Convention on Climate Change, the Kyoto Protocol, and/or the Paris Agreement to support their claims. So far, no systematic appraisal has been conducted on how national courts have responded to such references to international climate law and the extent to which they have engaged with it. This article examines 148 cases in which plaintiffs refer to international climate law, mapping and analyzing judgments of national courts that either avoid, align with, or contest this legal framework. The findings indicate that invoking international climate law is not an easy path to success, as courts often have opted to avoid engagement with claims based on international climate law. Yet, in several landmark cases, courts have aligned with international climate law, contributing to the advancement of the objectives of the Paris Agreement.