Climate litigation and its role in achieving

Section: Article

Abstract

Due to the failure of a number of countries to implement their climate commitments under the Paris Agreement, which aims to limit temperature rise and promote climate and environmental justice, and the lack of binding mechanisms for its implementation, a number of individuals, civil society organizations, and countries affected by the effects of climate change have resorted to national and international courts to hold those responsible accountable. Climate litigation has become a legal means of compelling governments and countries to take effective measures to combat climate change, as demonstrated in the Urgenda case in the Netherlands and the Grande-Synthe case in France, where courts obligated governments to reduce their emissions and adopt practical measures to mitigate climate impacts. Although countries are parties to the Paris Agreement and are subject to its obligations, environmental obligations are imposed on them even if they fall outside the scope of the agreement, based on the fact that the right to a healthy environment is a fundamental part of human rights. Advisory opinions issued by international judicial bodies represent a development that reflects environmental justice and an advanced step in defining states' responsibilities towards environmental protection. Climate litigation has thus helped transform voluntary environmental commitments into binding legal obligations, contributing to achieving environmental justice and promoting climate accountability, both nationally and internationally.

References

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