How climate change litigation shaped 2024 and what's next in 2025...

Welcome back to Legal Wednesdays! ??

I hope your 2025 is off to a promising start. As I reflect on almost a year of Legal Wednesdays, I'm grateful for this weekly practice of sharing insights into the evolving field of environmental and climate change law. Over the past year, I've covered topics ranging from citizen-led initiatives in Germany and rights of nature cases around the world, to landmark decisions such as the KlimaSeniorinnen case, the development of an official ecocide law proposal at the ICC, the ITLOS advisory opinion on climate change, and the ICJ advisory proceedings.

Every newsletter and post has been an opportunity to highlight the momentum of global efforts for justice - whether it's lawsuits against corporate greenwashing, the push for a legally binding global plastics treaty, or new EU directives on environmental crimes and corporate sustainability.

Reflecting on 2024: Progress in climate litigation

2024 was an important year for climate litigation. One standout moment was the ITLOS Advisory Opinion, which affirmed that greenhouse gas emissions are a form of marine pollution under the UN Convention on the Law of the Sea (UNCLOS). This was a pivotal moment in recognising the obligations of states to address climate change impacts on marine ecosystems.

Another important development was the ICJ Advisory Opinion proceedings, which sparked an important dialogue on states' obligations under international law with regard to fossil fuel production and subsidies. The judges' questions at the hearings in December underlined the urgency of clarifying how international law can guide the transition to a low-carbon future. You can read more about these answers here and IUCN's submission here.

I'd also like to highlight the landmark decision in KlimaSeniorinnen v. Switzerland, the first successful climate case at the European Court of Human Rights. The Court ruled that Switzerland's inadequate climate measures violated Article 8 - the right to private and family life - of the European Convention on Human Rights. While the decision provided declaratory relief, implementation has been challenging, with Switzerland refusing to fully comply with the ruling as of August.

Despite these hurdles, the importance of the KlimaSeniorinnen ruling cannot be overstated. It sets a crucial precedent for who can bring climate cases and how vulnerability can be demonstrated. The focus on the specific vulnerability of older women to heat waves, which established their victim status, highlights vulnerability as a central consideration in climate litigation.

These developments show how existing human rights frameworks can be adapted to address climate challenges, and provide important guidance for integrating rights into climate action and transitions.

Looking ahead

As we enter 2025, the stakes are higher than ever. The impacts of climate change are increasingly moving from the news on our phones to the reality in front of our eyes. The eagerly awaited ICJ advisory opinion later this year could define state obligations to phase out fossil fuels and protect the most vulnerable from climate damage. This year may also see greater synergy between climate and biodiversity litigation, expanded corporate accountability cases, and further progress in recognising the rights of nature and the law of ecocide.

Litigation is proving to be a powerful catalyst for change. From strategic climate cases to ecocentric laws and advisory opinions, these developments remind us of the power of law to influence policy, protect ecosystems and hold actors accountable.

What are you most hopeful for in 2025 and what are you working towards? I look forward to more discussions and reflections together on Legal Wednesday.

#LegalWednesday #LeaWeimann #ClimateJustice #EnvironmentalLaw #ClimateLitigation #ICJ #ICC #InternationalEnvironmentalLaw #ClimateChange #StrategicLitigation #LegalNews

References:

Legal Wednesday Newsletter by Léa Weimann: (28) LinkedIn

International Court of Justice, 2024, Latest Developments: Obligations of States in respect of Climate Change?

Responses to Questions from Judges Cleveland and Aurescu, Submitted by the International Union for Conservation of Nature, Prepared by the IUCN World Commission on Environmental Law (WCEL), December 2024, International Court of Justice: Written reply of the International Union for the Conservation of Nature to the questions put by Judges Cleveland and Aurescu at the end of the hearing held on 13 December 2024

Setzer J and Higham C (2024) Global Trends in Climate Change Litigation: 2024 Snapshot. London: Grantham Research Institute on Climate Change and the Environment, London School of Economics and Political Science. https://eprints.lse.ac.uk/124306/1/Global-trends-in-climate-change-litigation-2024-snapshot.pdf

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