Suing States: The Role of Courts in Promoting States’ Responsibility for Climate Change

Abstract

In the era of climate change, decisive action is needed from States. However, it is dismaying to see the lack of ambitious efforts in climate treaty negotiations, which is reflected downstream in the ambiguous nature of non-binding or soft mitigation obligations. In that light, this article argues that courts can be agents of change and pressure States, cum grano salis, to take decisive action. Domestic courts may be better positioned to compel States to adopt stringent mitigation measures, but all courts (international or domestic, general or specialised) may press for regulation or assess regulation. In both cases, courts are helpful in mapping States’ obligations under international law (including, but not exclusively, the UNFCCC legal framework).