Climate Litigation and Judicial Activism in Environmental Protection

Alobaidi, Haider Abdulkareem; Jasim, Ammar Khadim; Hadi, Ali Kareem Majeed; Al-Bayati, Husam Najm Abbood; Hafedh, Milad Abdullah; Amini, Ata

doi:10.22098/mmws.2025.17674.1613

Climate Litigation and Judicial Activism in Environmental Protection

مقالات آماده انتشار

نوع مقاله : Special issue on "Climate Change and Effects on Water and Soil"

نویسندگان

¹ Al-Turath University, Baghdad 10013, Iraq

² Al-Mansour University College, Baghdad 10067, Iraq

³ Al-Mamoon University College, Baghdad 10067, Iraq

⁴ Al-Rafidain University College Baghdad 10064, Iraq

⁵ Madenat Alelem University College, Baghdad 10006, Iraq

⁶ مرکز تحقیقات و آموزش کشاورزی و منابع طبیعی کردستان

10.22098/mmws.2025.17674.1613

چکیده

Climate litigation and judicial activism have become key instruments to tackle the climate crisis due to the lack of appropriate legislative or executive action. The study examines judicial activism through the lens of constitutional- and rights-related cases and its implications for some aspects of climate policies and environmental protection. The study uses both quantitative and qualitative methods to analyze ‘litigation cases’ from a variety of jurisdictions from 2010 to 2023. Judicial opinions were subjected to qualitative content analysis, and quantitative models estimated the relationship between judicial activism and emissions reductions. Data sources include judicial rulings, international agreements and interviews with legal experts. North America has the highest absolute number of cases, as well as the largest share of cases in which any of these treaties are invoked that also mention corporate defendants. Next comes Europe a region of heavy relative dependence on constitutional claims and arguments rooted in human rights. In South America and Africa there are many more recent cases involving indigenous claims and other human rights claims, perhaps suggesting increasing awareness about the climate impacts on vulnerable communities. Courts are bridging gaps in legislative and executive action and shaping policy and setting legal precedents as courts take a more prominent role in the global climate governance efforts over climate change.

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