The use of elements of the Paris Agreement and IPCC reports in climate litigation

Meinhard Doelle, with Sara Seck and Rose Klug

Chapter 10 in Research Handbook on the Law of the Paris Agreement, 2024, pp 195-214 from Edward Elgar Publishing

Abstract: This chapter reviews select climate change cases across jurisdictions to examine the roles that the Paris Agreement and IPCC Reports play in climate litigation. The chapter first provides a backdrop on the legal dimensions of these international instruments, before turning to the state of affairs in current climate litigation. The chapter considers how courts navigate the line between scientific findings of the IPCC reports and normative conclusions arising from the Paris Agreement. It further explores how the directive or discretionary nature of the domestic law involved influences how elements of the Paris Agreement are applied. Finally, trends in the application of the Paris Agreement and IPCC Reports are summarized. These cases show that while global courts are using these international instruments primarily as interpretive aids, both binding and non-binding sources of international law have the potential to continue to play an important role in future climate litigation.

Keywords: Environment; Law - Academic; Politics and Public Policy Sustainable Development Goals (search for similar items in EconPapers)
Date: 2024
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