CLIMATE LITIGATION: THOUGHTS ON RECENT CASES

Abstract

The purpose of this paper is to set out some relevant reflections on the state of climate litigation on the planet as a tool to address the current climate crisis. The text reflects on prior questions of justiciability, considerations of interest from international law, considerations of interest from constitutional law, issues of tort, nuisance or unlawful neglect, reflections on national law and public policy, and mixed approaches. The paper concludes with a brief section of conclusions (as each section presents its own findings), and a section of bibliographical references. In very general terms, it can be observed that climate litigation is a recent phenomenon in national and international law. Also, that it has its own characteristics that strain the traditional law in force. And, finally, that everything indicates that cases will multiply in the near future.