The New Wave of Climate Change Litigation: A Transferability Analysis

Autore: Giulio Corsi

A previous piece in the ICCG Reflections series titled “A bottom-up approach to climate governance: the new wave of climate change litigation” investigated whether a new wave of climate change litigation is underway, and analysed the six elements that characterise this bottom-up effort to shape States’ climate policy decisions, namely the use of public interest litigation, modern climate science, rights-based claims, the public negligence and public trust arguments, and international law. As a continuation of that piece, this Reflection will explore a further aspect of the new wave of climate change litigation: its potential to be transferred in different jurisdictions from those where these cases have so far appeared. To do so, this piece will conduct a transferability analysis of each of the elements mentioned above. What emerges from this analysis is that these categories of cases of climate change litigation seem to bear optimistic prospects for the future, as the majority of the elements outlined appear to be widely transferable. Some uncertainty remains, however, regarding the transferability of the public negligence and public trust arguments.