Abstract

Climate change is a multi-faceted problem with global and regional implications. After the establishment of United Nations Framework Convention on Climate Change, various international legal instruments have been entered into force to combat climate change. The Paris Agreement was adopted in December, 2015. It replaced the erstwhile Kyoto protocol and is applauded as the most comprehensive document constituting legally binding and stringent measures towards climate change so far. The Paris Agreement has created certain obligations on member states in order to reach the objective of limiting global warming to 1.5o C. Along with identifying climate change induced loss and damages, it also encourages climate education, public participation, enhanced transparency framework and an effective implementation and compliance mechanism. All these provisions have triggered a stream of lawsuits against governments and corporations, to seek accountability for actions which contribute to climate change. claimants have applied the right to life including the “right to live in a clean and healthy environment” to establish their claims for climate change-induced losses. This paper seeks to explore the opportunity created by Paris Agreement to take climate action by way of litigation. It focuses on the international presence of climate litigation as a tool to tackle climate change with a special reference on exploring its potential in India. The paper seeks to shed light upon the concept and characteristics of climate litigation emphasizing on the role of judiciary when legislature and executive fails to do their part. While tracing the historical role of public interest litigation in resolving environmental matters, this article discusses some of the current developments in climate change case laws in India. It also attempts to examine new space for litigating climate claims post Paris Agreement. Finally, the findings of this research paper can be applied to analyze and reflect upon the implications of climate change laws both internationally and domestically.

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