Rising seas threaten low-lying islands in the Torres Strait. Does the government have a duty of care?
Articles on Climate litigation
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Claimants in climate liability cases will benefit from a new emissions attribution method.
Two Traditional Owners from the Torres Strait Islands who took the Australian government to court over climate-related harms have lost their case.
Legal action by a Peruvian farmer has signalled a shift in the global conversation.
Dating back centuries, a legal principle declares certain natural resources must be protected by the government for present and future generations to benefit from.
In the battle to slow climate change, local and state governments, as well as citizens, have taken to the courts. Their results have varied, but the cases keep coming.
The International Court of Justice is hearing testimony from climate crisis-affected nations and will issue the first ever legal advice on governments’ legal obligations to prevent climate change.
The Hague Court of Appeal overturned a verdict ruled in 2021 which stated that Shell must reduce its CO₂ emissions by 45% by 2030.
So-called ‘just transition litigation’ focuses on the social justice implications of climate policies.
What happens when statutory carbon reduction targets are missed.
Their victory in the European Court of Human Rights is a huge win for the climate.
South African courts are increasingly handing down judgments that take into account the future climate damage that new developments may cause.
Women need legal aid to sue companies and governments over climate change damage to their communities.
With international climate talks failing to make progress fast enough, activists are radically rethinking how to be most effective in the streets, political arenas and courtrooms.
If this case succeeds, it could set a precedent to hold major polluters responsible for the effects of climate change – even on the other side of the world.
Claims of sustainability or low-carbon flying are being challenged in court.
In a momentous case, young EU citizens will seek to draw among a range of principles from human rights, such as that of effectiveness, to arm-twist governments into impactful climate action.
A recently settled class action lawsuit against the Australian government could help drive greater disclosure of climate financial risk by governments, central banks and companies.
Here are four reasons their victory is so significant.
A case brought to the European Court of Human Rights could pressure countries to leave.
Top contributors
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Professor of Law, The University of Melbourne
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PhD Candidate, Melbourne Law School, and Research fellow, Melbourne Climate Futures, The University of Melbourne
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Professor of Law, University College Cork; Independent Social Research Foundation
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Professor of Environmental Law, University of Stirling
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Deputy Director, Australian Centre for Climate and Environmental Law and Lecturer in Law, University of Sydney
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A/Prof and Deputy Director of Melbourne Climate Futures, The University of Melbourne
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Professor of Environmental Studies, Political Science and International Relations, USC Dornsife College of Letters, Arts and Sciences
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Professor of Climate Economics and Policy, Smith School of Enterprise and the Environment, University of Oxford
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Assistant Professor Lewis & Clark Law School (Fall 2019), Lewis & Clark
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Associate Professor, School of Law, University of Bradford
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Associate Professor of Law, University of the Witwatersrand
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Head of Sustainable Finance Hub, The University of Melbourne
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Professor, Stockholm University
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Directrice de recherche CNRS, juriste, spécialiste du changement climatique et du droit de l’environnement et la santé, Université Paris 1 Panthéon-Sorbonne
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Professor, TC Beirne School of Law, The University of Queensland