Challenges in Climate Change Litigation against Corporations


Julieta Loro Meyer

Erscheinungsjahr: 2023

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In recent years, there has been a notable rise in climate change litigation directed at corporations. These legal actions target major companies, aiming to hold them accountable for their contributions to climate change. This paper examines the array of challenges plaintiffs encounter in pursuing such litigation, encompassing issues such as the lack of a solid legal basis for the claims, the proof of causation and attribution, and complexities arising from the separation of powers and legal standing. In the face of these obstacles, litigants employ certain arguments to overcome these challenges. While a rights-based approach might prove successful in some types of claims, overcoming these hurdles proves more difficult in other contexts, particularly within the current legal framework. Nevertheless, the impact of these cases might extend beyond individual outcomes, playing a role in shaping larger societal transformations and exerting an influence on corporate behavior.