CLIMATE CHANGE LITIGATION IN INTERNATIONAL LAW FOR ACHIEVING SUSTAINABLE DEVELOPMENT BY - SHIVAM KUMAR GUPTA, AKSHITA SINGH, ABHIJEET SINGH & TEJ BAHADUR
AUTHORED BY - *SHIVAM KUMAR
GUPTA, **AKSHITA SINGH,
***ABHIJEET SINGH & ****TEJ BAHADUR
Abstract
The changing color of the sky is the most soothing experience
for everyone. The dark clouds are the enticing charm for the people but the
regular change of colors of sky raised the concern. The global era is
witnessing global concern for the climate. The devastating effects of climate
change are in front of everyone. Our surroundings must be safe for the present
generation and the upcoming generations. The concept of sustainable development
is part of SDG's goal. These goals aim for a sustainable environment for the
present and not compromise for future generations. Individual efforts have a
significant place, but global efforts are unbeatable in this aim. The aim for a
clean and green environment is part of many international and national
documents.
The concern for climate change is talked about on the global
platforms. The provisions for the protection of the climate are mentioned in
the environmental conventions starting from the United Nations' formation. The
special conference starting from the Stockholm conference has raised concern
for international and national organizations. The role of the court is
appreciated when these dynamic issues related to the environment are brought
before them and they deal with these issues with utmost care and caution. In
this regard only, the role of climate change litigation has seen a rise over
the last 30 years. Green Litigation is helpful in this climate change issue and
has contributed to the rise of climate change litigation.
* Ph.D.
Scholar at School of Law, Bennett University
**Ph.D.
Scholar at Lucknow University
***Advocate
at High Court of Judicature at Allahabad, Lucknow Bench
****Ph.D.
Scholar at School of Law, Bennett University
In this article, the authors have focused on the evolving
concerns for climate change and the role of climate change litigation at the
global level. The authors will provide vital solutions in this area for the
interested stakeholders.
Keywords- Climate Change Litigation,
International, National, Global concerns, Environment and United Nations
Introduction
Climate Change is the current concern around the globe.
Everyone is aware of the devastating effects of the global environment. A clean
and green environment has a direct positive impact on stress relief.[1] Spending some time in
the natural environment has a plethora of positive impacts on both physical and
mental health. So, the benefits of a clean and green environment can’t be
explained in a few words. The world is witnessing sudden environmental changes
in this contemporary world[2]. The world wants to breathe in a clean and green
environment. Among the various concerns of the environment, climate change is
the most important topic that needs to be addressed by the national and
international institutions[3]. In this regard, the mere discussion is of no use. The mere
document and no effective implementation of those documents, end the importance
of that document. In this effective implementation of international or national
norms, the door of courts and law-making bodies needed to be knocked. The need
for strict action towards climate change is the need of the hour. The plethora
of conventions are there for the environment, but the implementation part is
lagging. Now the people are turning to the courts for the solution or fast
action. In this article, the authors will be talking about the role of
litigation in climate change issues.
The Need for Climate Change
Litigation
In today’s era of rapid growth and development, mankind has
overused the environment to such an extent that it has become a problem of
concern in the current times. The number of cases relating to climate change
has doubled in recent years resulting in widening the scope of climate change
litigation.
Climate Change Litigation will be a useful tool to make
corporations, firms, governments, or NGOs responsible for their actions harming
the environment and contributing to climate disturbances[4]. The environmental impact and climate change both go hand in
hand. If anyone is contributing to the emissions of greenhouse gases, then the
entity is directly responsible for the climate change impact. When any entity
is not following the decided rules and regulations and manipulating the
international law loops, those also need to be punished. We know that human
survival is directly dependent on the environment. The rise of natural
calamities or the increase of the ozone hole, all affect healthy human lives.
Thus, Climate Change Litigation is the need of the hour.
The increasing of the Climate
issues related cases
A significant rise has been seen in the case filing related
to climate in the last few decades[5]. The growing concern for the environment has shown a
positive impact. These growing cases directly link the intention of the global
citizens towards achieving a sustainable present and future. The 21st century
has proven to be a milestone in the upliftment of mankind in innumerable
spheres, for instance, Technological advancements, literature, medicine, legal,
etc. are just a few to be named along with so many unexplored territories yet
to be claimed, but a crucial question arises in between to which all of us has
conveniently let go i.e., What about the climate and the catastrophic
situations arose in the environment due to the meddling of man.? The answer
isn't as sophisticated as we think it'll be, with the consistent nexus between
superpowers and challengers ultimately creating the Blackhole that is devouring
our Earth. Tsunamis, Earthquakes, droughts, floods, etc. are just the alarms
for the final version of destiny that awaits us if we don't act in time.
According to recent data from the United Nations Environment Programme (UNEP)
& Sabin Centre at Climate Change Law at Columbia University, climate
litigation has doubled since 2017 and has grown rapidly ever since[6].
Climate
change litigation around the globe
Climate change litigation has seen a great rise around the
globe. The government must come forward to providing free access and necessary
resources to the concerned authorities that are initiating the climate
litigation. The resources must be free and easily available.[7]
In this new journey, the initiative to protect the
environment, the role of climate litigation played a crucial role. Climate
litigation is the answer to all the tussle for climate change. The Global
Climate Litigation Report 2023[8] status review shows that people are getting concerned about
the climate change issue and want a solution to it. The Global Climate
Litigation Report 2023[9] the report portrays
how to combat the global environment crisis people have started turning towards
the courts and the numbers are increasing day by day. The jurisdictions have
not only stretched to the national and regional level but also to the
international courts and tribunals. For contesting these issues relating to the
climate change crisis women, children, indigenous communities and other groups
have played an active role in the same.
The report cumulatively compiles a review of the previous
reports and how various NGOs, researchers, and organizations have come forward
to discuss the various important issues relating to climate change litigation.
It further puts out there in the public domain how the rules of environmental
law help in contesting the crisis of climate change, loss of biodiversity, and
increasing pollution. Access to justice helps in armouring the protection of
environmental law as it also guards the human rights of the people and makes
public institutions accountable for their actions.
As of December 2022, around 2180 climate-related cases were
filed in 65 jurisdictions, including the tribunals, courts, quasi-judicial
bodies, national and international courts, and other adjudication bodies such
as Special Procedures at the United Nations. The increase can be seen as 884
cases in 2017 and increased to 1550 cases in 2020[10]. Everyone who came forward for this work, including the
children, groups, local communities, organizations, etc., played a significant
role in reaching the appropriate authority to act in the mode of climate litigation.
This report explains the increasing
awareness of the environment. The accountability of the public authorities is
increasing towards the public regarding the issues of climate change. [11] This report shows the
global concerns towards the environment.
The reason for the rise of climate change litigation is due
to the increasing research work in the field of climate change. For the last 30
years, the concerns have been on every aspect of the environment. Lawsuits
across the globe are the direct result of the increasing availability of work
in climate change concerns. The increasing debates on this issue and quality
literature grabbed the attention of courts.[12]
International Union for
Conservation of Nature (IUCN) role
IUCN was created in the year 1948 and has become the world,
's largest environmental network[13]. It has reached more than 1400 authorities around the world.
It is now the authority with the expertise related to the environment. This has
made a membership union intending to bring all the leading players who can
contribute to the protection of the environment under an umbrella. It is known
as the global network of experts. IUCN has a large membership which has
contributed to the creation of a repository of new ideas and tools for the protection
and safeguarding of the environment and to achieve sustainable development.
This platform brings together NGOs, governments, public entities, private
entities, environmentalists, scientists, experts, and others who contribute to
bringing ideas and solutions for the protection and safeguarding of the
environment[14]. Thus, IUCN is a helping platform to know the global
environmental issues. The reports and information of experts are available on
this platform. Even the experts from the global world are available in this
common roof.
Hindrances in the path of Climate
Litigation
There are numerous hindrances in the path of climate
litigation[16]. The weak enforceability of the international tribunals and
failure in the adoption of international treaties and rules in domestic
spheres, both contribute to failure in the path of climate litigation. With concern relating to the environment and
the advent of climate change litigation, many problems are faced some of them
include who shall be responsible for the emissions of greenhouse gases (GHGs)
and carbon dioxide which are the main cause of global warming. The issue arises
that in no sense any entity, any country, or any large corporation can be held
responsible for the emissions as some or in the other way everyone is a
substantial contributor to these emissions.
Another issue in litigation is the problem of proof as it
becomes very difficult for the plaintiff to establish that the emission of
these gases in the specific atmosphere or any facility shall affect climate
change. Thus, it becomes a problem whether discussed in Law of Torts or Public
International Law as establishing nexus becomes a tyrannous task for the
plaintiff. Climate Change Litigation
also challenges the decision of the issues and how the response should be given.
There is a lack of uncertainty regarding solving the issues of global warming
whether locally or globally. There is no clear path when it comes to holding
anyone responsible or accountable due to a lack of governance and legal
instruments.[17]
The future idea
The Climatic issues are on the rise. Thus, the need of
climatic change litigation will always be needed. Thus, a special international
forum must be developed for the climatic cases and to have speedy judgments.
There are numerous factors responsible for climate degradation. The occurrence
of natural disasters has increased with time. Thus, it affects the human beings
and the resources both simultaneously. Technology has advanced rapidly in the
last few decades; this technology must be integrated to solve litigation. The
scientific evidence needed to be safeguarded and strengthened with the use of
this technology[18]. This will help to contribute to a safe and speedy disposal
of cases
Suggestions
·
The necessary resources related to data & information
availability, scientific evidence, fast trial, monetary aid, etc. must be made
available for the litigators. The necessary resources must be free and easily
accessible to interested stakeholders.
·
The special courts must be set up with special procedures to
deal with these issues specifically. These Special courts will be helping in
increasing the fast disposal of cases.
·
The special fund must be released for the litigators to
conduct proper research and investigation into climate change issues.
·
The new principles which are developed or evolved by the
courts must be drafted under the proper legislation.
·
The government should initiate special research and
development in this area of concern for the environment.
Conclusion
The change of climate is witnessed by everyone. In this
context, everyone needs to work on it. The world has come forward for the
safeguarding of the earth. The United Nations and various other international
and national organizations have come forward for this noble cause to save the
environment. Climate Change Litigation has come, and courts played an important
role in safeguarding the environment. The international and national courts
have taken the matter of climate change seriously and given important landmark
judgments. The hindrances need to be solved for the better implementation of
courts for climate litigation. The increase in climate change litigation has
shown the awareness of the people towards the goal of sustainable development.
IUCN helps litigators to know the importance of environmental issues and meet
the experts in those areas. The legislative and executive gaps of the system
are filled by the role of the courts. Climate change litigation not only filled
the gaps between legislative and executive wings but even increased the speed
of the system by fast implementation of those decisions. The principles
developed in these litigations become the basis for the policy reforms to deal
with the climate change matter. These policy reforms become the basis for
change at the national and international levels. Climate change litigation
needs the special attention of international and national agencies. Climate
Change Litigation has evolved as a crucial tool in the protection of the
environment.
[1] Tyrväinen, L., Ojala,
A., Korpela, K., Lanki, T., Tsunetsugu, Y. and Kagawa, T., ‘The influence of
urban green environments on stress relief measures: A field
experiment. Journal of environmental psychology’, (2014) 38, 1-9.
[2] It is undeniable that
human activities have produced the atmospheric gases that have trapped more of
the Sun’s energy in the Earth system. This extra energy has warmed the
atmosphere, ocean, and land, and widespread and rapid changes in the
atmosphere, ocean, cryosphere, and biosphere have occurred. Evidence
[3] Ibid.
[4] Climate policies are
far behind what is needed to keep global temperatures below the 1.5°C
threshold, with extreme weather events and searing heat already baking our
planet,” said Inger Andersen, Executive Director of UNEP. “People are
increasingly turning to courts to combat the climate crisis, holding
governments and the private sector accountable and making litigation a key
mechanism for securing climate action and promoting climate justice.” Climate
litigation more than doubles in five years, now a key tool in delivering
climate justice (27 Jul 2023)
accessed 25 December 2024
[5] Climate litigation more
than doubles in five years, now a key tool in delivering climate justice (27
Jul 2023)
accessed 25 December 2024
[6] Ibid.
[7] Climate Change
Litigation,
accessed 26 December 2024
[8] Report, Global Climate
Litigation Report: 2023 Status Review, (27 July 2023).
accessed 27 December 2024
[9] Ibid.
[10] Report, Global Climate Litigation
Report: 2023 Status Review, (27 July 2023).
accessed 27 December 2024
[11] Ibid.
[12] Setzer, J. and Vanhala, L.C.,
2019. Climate change litigation: A review of research on courts and litigants
in climate governance. Wiley Interdisciplinary Reviews: Climate Change, 10(3),
p.e580.
[13] About IUCN- IUCN (International Union for Conservation of Nature) is a
membership Union of government and civil society organisations. Together, we
work to advance sustainable development and create a just world that values and
conserves nature.
[14] Ibid.
[15] About IUCN
accessed 27 December 2024
[16] Jacqueline Peel, ‘Issues in
Climate Change Litigation’ Carbon & Climate Law Review 5, no. 1 (2011):
15–24. accessed 27 December 2024
[17] Jacqueline Peel, ‘Issues in
Climate Change Litigation, (May 2012)
accessed 27 December 2024
[18] Patne Sheetal & Prajakta
Pimpalshende, ‘The Significance of Science and Technology in Legal Proceeding’
International Journal of Research Publication and Reviews, Vol 5, no 8, pp
4512-4518 August 2024
accessed 26 December 2024