Specifics of resolving disputes in the field of climate protection by state courts and arbitration

Abstract

The article is devoted to the study of climate claims, including new types of such claims, recorded in a number of countries in 2020-2021. They involve claims for the protection of human rights and claims against private companies. In addition, the author analyzes the most common grounds for argumentation of the plaintiffs positions in climate claims based on international, constitutional, administrative, and tort law. The most common legal doctrines that were used by courts as the ground for decisions on climate claims have been studied. The purpose of the study is to form an idea of a new type of claims (claims in the field of climate protection or climate claims) based on the analysis of regulations, judicial practice of foreign countries and scientific sources. The methodology includes empirical methods of comparison, description, and interpretation, theoretical methods of formal and dialectical logic, special methods such as legal-dogmatic and legal norms interpretation. The study showed that judicial and arbitration proceedings on climate issues have become an effective tool used by citizens and non-governmental organizations to ensure compliance with or strengthening of the climate commitments made by governments in accordance with the 2015 Paris Agreement.

Procedural problems in the consideration of climate protection cases

“…This approach represents a significant barrier to citizens seeking climate action and climate justice [2].…”