135. International Climate Litigation Trends

Introduction

Climate litigation refers to legal proceedings in which courts or tribunals are asked to address issues arising from climate change, including inadequate government action, corporate emissions, environmental approvals, climate-related human rights and misleading environmental claims. Climate litigation has expanded rapidly and has become an important part of climate governance. By June 2025, more than 3,099 climate-related cases had been filed across 55 national jurisdictions and 24 international or regional judicial and quasi-judicial bodies.

1. Rights-Based Climate Litigation

One major trend is the use of human rights to challenge inadequate climate action.

Urgenda Foundation v. State of the Netherlands

In Urgenda Foundation v. State of the Netherlands (2019), the Dutch Supreme Court upheld an order requiring the Netherlands to achieve a specified minimum reduction in greenhouse-gas emissions. The case became an important example of linking climate protection with human-rights obligations.

It influenced subsequent litigation in several countries and contributed to the development of the global “rights turn” in climate litigation.

2. Climate Litigation and European Human Rights

Verein KlimaSeniorinnen Schweiz v. Switzerland (2024)

The European Court of Human Rights delivered a landmark judgment in KlimaSeniorinnen v. Switzerland. The Court held that the European Convention encompasses a right to effective protection by State authorities against serious adverse effects of climate change on life, health, well-being and quality of life. It also accepted the association's standing while finding that the individual applicants did not satisfy the victim-status requirements.

This represents an important development in climate-related human-rights litigation.

3. Litigation Against Corporations

Climate litigation is increasingly directed towards private companies, particularly fossil-fuel enterprises.

Milieudefensie v. Shell

In Milieudefensie v. Shell, a Dutch court initially ordered Shell to reduce its emissions. In November 2024, however, the Hague Court of Appeal overturned the specific reduction order. The case illustrates the increasing attempt to apply duties of care and climate responsibilities directly to corporations, while also demonstrating the legal difficulties involved in proving an appropriate company-specific emissions obligation. The matter has proceeded to the Dutch Supreme Court.

4. International Courts and Climate Change

International judicial bodies have increasingly addressed climate obligations.

In ITLOS Advisory Opinion (2024), the International Tribunal for the Law of the Sea identified States' obligations under the UN Convention on the Law of the Sea concerning climate-change-related marine pollution and protection of the marine environment. The opinion was unanimous.

The International Court of Justice also considered the request for an advisory opinion on States' obligations concerning climate change, reflecting the increasing internationalisation of climate law.

5. Emerging Trends

Current climate litigation increasingly concerns:

fossil-fuel projects and corporate emissions;

Scope 3 emissions;

climate disclosure and greenwashing;

environmental-impact assessments;

climate adaptation;

climate-related human rights;

duties of governments to implement climate commitments; and

responsibility for climate-related loss and damage.

Recent research also shows increasing litigation against corporations and greater attention to implementation of climate judgments.

Conclusion

International climate litigation has evolved from challenges against government inaction into a broader field involving human rights, corporate responsibility, environmental approvals, disclosure, greenwashing and international law. Cases such as Urgenda, KlimaSeniorinnen, Milieudefensie v. Shell and the ITLOS advisory opinion demonstrate this development. The future of climate litigation is likely to involve increasingly complex questions concerning the responsibilities of States, corporations and international institutions, while courts continue to determine the legal boundaries of climate governance.