How can international organizations use climate litigation to hold states accountable for their emissions?

2 Why is climate litigation important?

Climate litigation can be an effective tool to hold states accountable for their emissions and their obligations under international law. It can also raise awareness, mobilize public opinion, and pressure governments to take more ambitious and urgent action. Moreover, climate litigation can empower and protect vulnerable communities, such as indigenous peoples, women, or children, who are disproportionately affected by the impacts of climate change and often lack access to justice.

3 What are the challenges of climate litigation?

Climate litigation also faces several challenges and limitations. For instance, it can be costly, time-consuming, and risky, especially for plaintiffs who may face retaliation or lack of resources. It can also encounter legal barriers, such as jurisdiction, standing, causation, or evidence, that make it difficult to establish liability or responsibility for climate change. Furthermore, climate litigation can face political opposition or resistance, especially from powerful states or corporations who may try to undermine or ignore the outcomes of the cases.

4 How are international organizations using climate litigation?

International organizations can play a key role in supporting and promoting climate litigation. For example, they can provide legal assistance, funding, or expertise to plaintiffs or lawyers who pursue climate cases. They can also monitor, report, or advocate on the developments and implications of climate litigation. Additionally, they can initiate or participate in climate cases themselves, either as plaintiffs, defendants, intervenors, or amici curiae, depending on their mandate and interest.

6 What are the prospects and potential of climate litigation by international organizations?

Climate litigation by international organizations is a relatively new and evolving phenomenon that offers both opportunities and challenges. On the one hand, it can contribute to advancing climate justice, accountability, and governance, by creating new norms, standards, and precedents that can influence state behavior and policy. On the other hand, it can also face limitations, such as enforcement, compliance, or legitimacy issues, that can affect its impact and effectiveness. Therefore, climate litigation by international organizations should be seen as a complementary and strategic tool, rather than a substitute or panacea, for addressing the complex and urgent problem of climate change.

7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?