Major courts around the world have taken significant steps in the fight against climate change, establishing legal precedents that elevate environmental protection to the same level as fundamental human rights. A recent court statement emphasized that safeguarding against irreversible climate damage now stands alongside international prohibitions on genocide and torture. This historic advancement demonstrates how citizens everywhere are waking up to the critical need to address environmental harm. They are aware that this is a fundamental issue of global justice.
The climate movement’s demand for justice through these lawsuits has intensified in recent years as the public’s impatience grows at the agonizingly slow rate of climate progress. To hear more about the Climate Law Accelerator, we caught up with Cesar Rodriguez-Garavito, law professor and its director. As he underscored, increasing frustration with the status quo has pushed people, businesses, and countries to seek resolutions through the courts. The Grantham Research Institute at LSE and the Sabin Center for Climate Change Law at Columbia Law School joined forces. As of the end of 2024, they announced that well over 3,000 climate-related cases had been brought in close to 60 countries.
A Surge in Climate Litigation
The unprecedented global uptick in climate cases signals a new, international movement toward using legal mechanisms to hold governments accountable for their climate commitments. Rodriguez-Garavito observed that these issues intersect with polarizing issues, including discussions around reparations for climate-related harms. As courts more and more understand the stakes of environmental destruction, they are making the argument for climate justice a more common refrain.
The International Court of Justice (ICJ) has already given advisory opinions regarding states’ obligations to prevent and address climate change, and their legal obligations therein. Notably, Vanuatu has requested the ICJ’s guidance on reducing emissions, underscoring a trend where nations seek judicial clarification on their responsibilities within the global framework for addressing climate change.
So the Inter-American Court of Human Rights has been very audacious. Specifically, it has declared our right to a healthy, sustainable climate system and recognized the rights of nature. These rulings tell the unmistakable story of our legal landscape today. Environmental protection is no longer just a desire, but an internationally-enforceable right.
“When [political systems] fall short, the law is increasingly seen as a tool for driving ambition and enforcing commitments that have been made.” – Cesar Rodriguez-Garavito
Defining Obligations Beyond Agreements
Recent rulings from their courts have pushed the idea that what countries should be obligated to do goes beyond current regimes such as the Paris Agreement. The German Constitutional Court’s 2021 decision found that the government’s failure to adequately reduce greenhouse gas emissions imposed an unacceptable burden on future generations. This ruling establishes an important precedent to underscore the need for intergenerational responsibility in climate action.
Andrew Raine, deputy director of the UN Environment Program’s law division, remarked on the implications of these rulings: “They clarify how international law applies to the climate crisis, and that has ripple effects across national courts, legislative processes, and public debates.” The evolving judicial landscape illustrates that countries cannot solely rely on international treaties. Equally important, they need to be guided by the constantly evolving legal standards, as articulated through court interpretation.
The International Tribunal for the Law of the Sea just issued a critical ruling. They announced that carbon emissions are legally a marine pollutant. Specifically, this decision requires countries to take immediate and effective action to tackle the harms that carbon emissions are having on our oceans. Legally, it provides a deeper foundation for transformative climate action.
“Massive and serious harm to the climate system through emissions, through deforestation and so on, is absolutely forbidden by international law.” – Cesar Rodriguez-Garavito
The Global Context of Climate Cases
Countries are increasingly facing down their legal obligations to act on climate. To date, only 24 cases concerning environmental matters have been filed before an international or regional court or tribunal. Together, these cases represent a growing movement to hold countries accountable for their role in causing the climate emergency.
The recent surge in climate litigation represents not only a response to governmental inaction but a call for accountability from both public and private sectors. Raine described this new focus as “a turning point.” She focused on the profound way that the climate crisis knows no borders and thus reveals our shared responsibility as nations.
“It doesn’t force states to act, but it shows them where the law stands and where they should be headed.” – Andrew Raine