The number of “climate-related” legal cases worldwide has surged nearly 2.5 times in the past five years, becoming a pivotal mechanism for combating climate change. This information was revealed in a joint report by the United Nations Environment Programme (UNEP) and the Sabin Center for Climate Change Law at Columbia University in the United States.
The report highlights that the number of legal disputes related to climate change increased from 884 cases in 2017 to 2180 cases in 2022. The majority of these cases were filed in the United States, with around 17% originating from developing countries. Lawsuits were brought before 65 institutions worldwide, including international, regional, and national courts, tribunals, quasi-judicial bodies, and others.
Inger Andersen, the executive director of UNEP, noted that people are increasingly turning to the courts to hold governments and private sectors accountable, turning legal proceedings into a crucial mechanism for climate change mitigation. She stated, “Climate change policies are significantly lagging behind what is necessary to keep global temperatures below the critical threshold of 1.5°C, as extreme weather events and scorching heat continue to devastate our planet.”
Currently, climate litigation covers cases related to human rights violations, non-compliance with national climate laws and policies, fossil fuel extraction issues, challenges of adapting to new climatic conditions, and greenwashing. A notable example of this legal trend is the Dutch court’s ruling that compelled the oil and gas giant Shell to reduce its carbon dioxide emissions by 45% by 2030 compared to 2019 levels. This ruling marked the first time a court mandated a private company to minimize its environmental impact in accordance with the Paris Agreement. Another significant development is the Supreme Court of Brazil recognizing the Paris Agreement as a treaty with “supranational” status, thereby elevating it to a human rights agreement.
The authors of the report predict that in the future, there will be an increase in lawsuits from representatives of small indigenous communities who have suffered from extreme weather events and cases related to forced migration due to harsh climatic conditions. These factors are expected to drive further climate-related litigations.
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