Transnational Climate Litigation: The Contribution of the Global South
Jacqueline Peel, Jolene Lin
American Journal of International Law | Cambridge University Press (CUP) | Published : 2019
Since the conclusion of the Paris Agreement, climate litigation has become a global phenomenon, casting courts as important players in multilevel climate governance. However, most climate litigation scholarship focuses on court actions in the Global North. This Article is the ﬁrst to shine a light on the Global South’s contribution to transnational climate litigation. Analysis of this experience is essential if transnational climate jurisprudence is to contribute meaningfully to global climate governance, and to ensuring just outcomes for the most climate-vulnerable.
This research was supported by a National University of Singapore-Melbourne Law School Research Partnership grant (2018-2019). A work-in-progress version of this paper was presented at the American Society of International Law Mid-Year Research Forum, Nov. 9-10, 2018 held at UCLA, Los Angeles. We are grateful for feedback on earlier drafts from Professor Doug Kysar at Yale Law School, Dean Hari M. Osofsky at Penn State Law School and School of International Affairs, Professor Alex Wang at UCLA Law School, Associate Professor Lisa Vanhala at UCL, and Dr. Joana Setzer at the LSE Grantham Research Institute on Climate Change and the Environment. We also appreciate the suggestions and criticisms offered by five anonymous peer reviewers of the manuscript. Our thanks to Carol Yuen at NUS for her assistance in formatting footnotes.