《全球气候诉讼报告：2023年现状综述》-109页_6mb

报告摘要

Climate litigation has become a critical driver for addressing the climate crisis due to insufficient government and private sector actions. It serves as a legal avenue to enforce climate commitments and hold entities accountable for their contributions to climate change.

Growth of Litigation: Cases are increasing significantly, with over 2,180 filed cases across 65 jurisdictions and international courts as of December 2022, with the United States accounting for over 70% of cases.
Regional Distribution: While Europe and Oceania lead, the Global South is seeing growing involvement, contributing to a more diverse range of litigants and legal theories.
Methodology: Cases are identified based on criteria such as the involvement with climate change mitigation, adaptation, or science. The Sabin Center maintains and updates global databases for tracking.

Litigation increasingly relies on human rights frameworks, environmental rights, and rights of nature to compel climate action.
International recognition of a right to a clean, healthy environment, including by the UN Human Rights Committee and various UN bodies.

Challenges against governments for failing to meet climate obligations under international agreements like the Paris Agreement.
Cases demanding concrete actions and adherence to mitigation and adaptation goals, leading to court orders in several jurisdictions.

Significant litigation targeting fossil fuel extraction and infrastructure projects on the grounds of inconsistency with climate commitments and environmental impact.
Environmental Impact Assessment (EIA) failures remain a central issue in such cases.

Holding corporations accountable for emissions and climate harms through diverse legal strategies including nuisance, negligence, and corporate due diligence laws.
Landmark rulings in the Netherlands and France set precedents for corporate duty to mitigate emissions.

Cases demanding transparency in climate-related corporate practices, often leading to settlements and revised disclosure policies.
Regulatory changes in the ESG reporting space may lead to increased litigation ensuring truthful climate-related disclosures.

Litigation addressing the lack of adaptation measures, particularly in vulnerable regions facing displacement and extreme weather impacts.
Courts are increasingly ordered to direct governments and corporations to implement adaptation strategies.

Increasing numbers of cases related to climate-induced displacement, including population movements and human rights arguments based on migration.

Cases stemming from climate disasters will grow as damages assessments and adaptation challenges mount, requiring courts to address complex liability issues.

Developments in international courts regarding transnational responsibility. Handling climate litigation across borders remains complex but increasingly addressed through advisory opinions from bodies like the International Court of Justice (ICJ).

Enhanced participation from women, Indigenous peoples, and youth in climate litigation, pushing for policies that protect their specific rights and livelihoods.

Cases designed to counter climate regulations through mechanisms like Investor-State Dispute Settlement (ISDS) and challenges to “just transition” policies intended to balance climate goals with social equity.

Climate litigation is evolving rapidly, influencing policy outcomes and driving accountability across global jurisdictions. Future developments will continue to test the boundaries of environmental and human rights law.
Court orders and systemic changes resulting from recent litigation indicate a shift toward incorporating climate justice into legal frameworks worldwide.

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