The Roles of International Law in the Transition to Climate Neutrality: Lessons From Climate Litigation

Abstract

International law, a pivotal force in guiding the global transition to climate neutrality and the phasing out of fossil fuels, sets the long-term targets of this transformation and coordinates states’ regulatory approaches to reducing greenhouse gas emissions. However, the 2023 Stocktaking report revealed that states worldwide are falling short of these agreed legal targets. In response, a surge of climate litigation has emerged in recent years, demonstrating the urgent need to enforce international climate law against public and private authorities. Drawing from the judgments and opinions of 3 international courts (International Tribunal for the Law of the Sea, European Court of Human Rights, and Inter-American Court of Human Rights) and 150 cases from 42 states, this paper maps and appraises the role of courts in supporting international law in the transition towards climate neutrality.