The Influence of the Paris Agreement on Climate Litigation: Causation, Corporate Governance and Catalyst (Part II)

Abstract

The Paris Agreement is the first universal climate change agreement requiring all parties to communicate ambitious greenhouse gas reduction targets to achieve a long-term global temperature goal. The Paris Agreement is a game-changer at the international level, but has it been at the national (and sub-national) level? What has been the influence of the Paris Agreement on litigation to improve mitigation of and adaptation to climate change? This question is addressed in two articles. Both articles seek to look at a familiar topic—the Paris Agreement and climate litigation—in new and fresh ways. This second article examines how the Paris Agreement is influencing fact-finding in administrative and judicial decision-making, transforming corporate governance to be better attuned to climate risk and contributing to a ripple effect in climate litigation. The article first considers how the Paris Agreement has altered the factual considerations of climate change by demonstrating global agreement on the causal link between anthropogenic greenhouse gas emissions and the catastrophic consequences of climate change. Secondly, it illustrates how the Paris Agreement is affecting legal responsibilities by focusing on the influence of the Paris Agreement on corporate directors’ duties. Thirdly, it notes the ripple effect of climate litigation, contributing to the continued development of climate law.