Climate change, once seen as a remote environmental concern, has emerged as one of the greatest global legal, ethical, and humanitarian challenges of our time. Rising global temperatures, melting glaciers, shifting ecosystems, and intensifying natural disasters are not merely scientific facts—they carry significant legal consequences. States, corporations, and individuals are increasingly being held accountable for both their actions and inaction concerning climate change.
In the face of this unfolding crisis, climate law has become a rapidly evolving legal discipline. It is being shaped by international treaties, domestic statutes, judicial decisions, and principles rooted in human rights and environmental justice. This article explores the legal frameworks addressing climate change, the role of litigation, corporate responsibilities, and emerging global trends shaping our collective legal response to safeguarding the planet.
Climate Change as a Legal Problem
Traditionally, climate change was addressed through political agreements and policy mechanisms. However, the increasing frequency and severity of its impacts have brought climate issues into legal arenas. Legal systems are now grappling with critical questions:
- What legal duties do states have to reduce greenhouse gas emissions?
- Are corporations liable for historical emissions?
- Do citizens have a right to a stable climate?
- Can future generations seek redress under current laws?
These questions lie at the heart of climate justice, which aims to hold polluters accountable while safeguarding the rights of the most vulnerable communities—many of whom contribute least to climate change but suffer its worst effects.
International Legal Frameworks Governing Climate Change
1. United Nations Framework Convention on Climate Change (UNFCCC), 1992
The UNFCCC was the first major international effort to address climate change. It recognized the principle of common but differentiated responsibilities, acknowledging that developed countries have contributed more to climate change and should take the lead in mitigation efforts.
2. Kyoto Protocol, 1997
The Kyoto Protocol introduced binding emission reduction targets for developed countries. It also established market-based mechanisms like the Clean Development Mechanism (CDM), which allowed countries to invest in emission-reducing projects abroad.
3. Paris Agreement, 2015
The Paris Agreement was a landmark development. Nearly every country committed to limiting global warming to well below 2°C, aiming for 1.5°C above pre-industrial levels. Unlike Kyoto, the Paris Agreement applies to both developed and developing nations. It does not impose legally binding emission reduction targets but mandates Nationally Determined Contributions (NDCs) and periodic review under the Global Stocktake process.
4. Recent Development: ICJ Advisory Opinion (2025)
In a historic development, on July 23, 2025, the International Court of Justice (ICJ) issued an advisory opinion affirming that:
(i) States have binding legal obligations under international law to take effective climate action.
(ii) Failure to act on emissions or adapt to climate risks can constitute internationally wrongful acts.
(iii)Obligations extend not only to current citizens but also to future generations.
This opinion is a major legal milestone, reinforcing the role of international law in combating climate change and strengthening future litigation strategies globally.
*Climate Law in Domestic Legal Systems
1. Constitutional and Fundamental Rights
In many countries, constitutional provisions have been interpreted to include environmental protection. For example:
(i) In India, Article 21 (Right to Life) has been judicially expanded to include the right to a clean and healthy environment.
(ii) In Germany, the Federal Constitutional Court in 2021 ruled that the government’s climate law was unconstitutional as it violated the rights of future generations.
(iii) In Pakistan, courts have declared climate inaction a violation of fundamental rights.
2. Environmental Legislation
Specific environmental laws are central to national responses. In India, the Environment (Protection) Act, 1986, Air (Prevention and Control of Pollution) Act, and Forest Conservation Act are often invoked in climate-related matters.
Similarly, the U.S. Clean Air Act has been used by the Environmental Protection Agency (EPA) to regulate carbon dioxide as a pollutant after the Massachusetts v. EPA (2007) decision.
3. Role of the Judiciary and Public Interest Litigation
Courts are becoming increasingly proactive in directing governments to meet climate goals:
- Urgenda Foundation v. Netherlands (2019): The Dutch Supreme Court ordered the government to reduce emissions by at least 25% by 2020.
- Milieudefensie v. Shell (2021): A court in the Netherlands ordered Shell to reduce its global emissions by 45% by 2030.
- Leghari v. Federation of Pakistan (2015): A farmer successfully sued the Pakistani government for failing to implement its climate policy framework.
Such cases demonstrate the growing trend of using strategic climate litigation to create legally binding obligations for states and corporations.
Corporate Accountability and Climate Risk Disclosure
Private actors, particularly multinational corporations, are increasingly being held accountable for their contributions to climate change. Companies are facing lawsuits under:
- Tort Law(for environmental damage or negligence)
- Consumer Protection Laws (for misleading sustainability claims or greenwashing)
- Human Rights Law (for violating the right to a healthy environment)
Additionally, climate change is becoming a key issue in corporate governance and financial regulation. Legal requirements for Environmental, Social, and Governance (ESG) disclosures are being introduced in jurisdictions like the European Union, the United States, and India.
The Task Force on Climate-Related Financial Disclosures (TCFD) has also encouraged companies to report climate risks in their financial filings, adding a legal risk dimension to non-compliance.
Emerging Legal Doctrines and Principles
Several legal principles are shaping climate law:
*Polluter Pays Principle
Those responsible for pollution should bear the costs of managing it.
*Precautionary Principle
Even if some cause-and-effect relationships are not fully established scientifically, precautionary measures should be taken to avoid potential environmental harm.
*Public Trust Doctrine
Natural resources are held in trust by the state for the benefit of the public. In climate cases, courts have extended this doctrine to include the atmosphere.
*Intergenerational Equity
Legal recognition is growing that current generations owe duties to future generations—a central theme in the ICJ’s 2025 advisory opinion.
Climate Litigation: A Growing Global Trend
Climate litigation has surged over the last decade. As of 2024, more than 2,500 cases have been filed across more than 65 jurisdictions. These cases serve several purposes:
- Holding governments accountable for emission reduction targets
- Ensuring adaptation policies are implemented
- Forcing companies to disclose or reduce climate risks
- Seeking compensation for climate-induced damages (e.g., wildfires, floods)
Notably, youth-led climate cases have gained international visibility, positioning young people as rights-holders with legal standing.
Climate Law in India: A Closer Look
India, though not yet possessing a dedicated climate change law, integrates climate policy through:
* The National Action Plan on Climate Change (NAPCC)
* Various state-level action plans (SAPCCs)
* Provisions under the Environment (Protection) Act, 1986
Indian courts have consistently adopted a rights-based approach to environmental and climate issues. In MC Mehta v. Union of India, the Supreme Court laid the foundation for environmental jurisprudence in India, relying on Articles 21, 48A, and 51A(g) of the Constitution.
India’s judiciary has been instrumental in recognizing the right to a healthy environment and directing governments to comply with climate and pollution-related mandates.
Challenges in Implementing Climate Law
Despite the progress, several challenges persist:
- Lack of Enforcement: International agreements often lack enforcement mechanisms.
- Jurisdictional Barriers: Transboundary environmental harm raises complex legal questions.
- Evidentiary Issues: Proving causation and damage in climate lawsuits is complex.
- Balancing Development: Developing nations must balance emissions reductions with economic growth and poverty alleviation.
- Political Resistance: Climate change remains a contentious issue in some national legislatures.
Conclusion
The law is rapidly becoming one of the most effective tools in the fight against climate change. From domestic courts to international tribunals, legal systems are increasingly holding states and corporations accountable for their contributions to the climate crisis. The ICJ’s 2025 advisory opinion may very well be a turning point in embedding climate obligations into customary international law.
Climate change law is no longer an optional policy space—it is a growing legal imperative. As climate risks accelerate, the demand for climate justice, accountability, and rights-based approaches will continue to grow. The planet’s future will depend not only on science and technology but also on how boldly and effectively the law rises to meet this defining challenge of our era.
FAQs
1. What is climate change?
Climate change refers to long-term shifts in temperatures and weather patterns, mainly caused by human activities like burning fossil fuels.
2. Why is climate change a legal issue?
It creates legal duties for governments and companies to reduce emissions and protect human rights, health, and the environment.
3. Can individuals sue over climate change?
Yes, people and groups have filed lawsuits worldwide to hold governments and corporations accountable for climate inaction or harm.
