LIJDLR

Climate litigation

FROM PLEDGES TO PROSECUTION: THE ROLE OF CLIMATE LITIGATION IN ENFORCING NET-ZERO COMMITMENTS

FROM PLEDGES TO PROSECUTION: THE ROLE OF CLIMATE LITIGATION IN ENFORCING NET-ZERO COMMITMENTS Nitesh Kumar, Prof. at Vijaybhoomi University (School of Law), (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.177 Net-zero pledges have become the most important part of modern climate policy. This is because countries and businesses have agreed to cut or balance their greenhouse gas emissions by the middle of the century to meet the Paris Agreement’s temperature objectives. But the lack of instruments that can be used to enforce the rules has created a big gap in accountability between goals and actions. In response, climate litigation has developed worldwide as an effective means of transforming political climate promises into binding legal obligations. This report examines the evolution of climate litigation in enforcing net-zero commitments via local courts, regional tribunals, and international human rights institutions. It looks at important cases like “Urgenda Foundation v. State of the Netherlands,” “Milieudefensie v. Royal Dutch Shell,” “Juliana v. United States,” and “Neubauer v. Germany” to show how ideas like human rights, fairness between generations, and tort-based responsibility are now the basis for judicial efforts to force stronger action on climate change. The research further examines the matters of standing, causation, scientific ambiguity, and compliance, alongside emerging trends such as corporate fiduciary lawsuits, global enforcement, and the increasing importance of climate attribution science. In the end, it says that climate lawsuits are both a way to fix problems and a way to get things done in global climate governance. They move net-zero promises from wishful thinking into legal, scientific, and moral obligations.

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HEATING UP: THE EVOLVING ROLE OF INTERNATIONAL LAW IN THE CLIMATE CRISIS

HEATING UP: THE EVOLVING ROLE OF INTERNATIONAL LAW IN THE CLIMATE CRISIS Harsh Singh, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Aradhana Yadav, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.30 The accelerating climate crisis poses unprecedented legal and governance challenges that transcend national boundaries. This paper critically examines the evolving role of international law in addressing climate change, focusing on the transition from early voluntary commitments to structured frameworks like the Kyoto Protocol and the Paris Agreement. It explores how these legal instruments balance sovereignty with the pressing need for global cooperation. Particular attention is given to enforcement mechanisms, including transparency frameworks, compliance committees, and the emerging role of climate litigation in domestic and international courts. The study also delves into the intersections of climate change law with other legal regimes such as human rights, trade, biodiversity, and investment law, assessing the synergies and conflicts that arise in global climate governance. The role of soft law instruments and customary international law in supplementing formal treaty obligations is analyzed, highlighting the dynamic and multifaceted nature of climate governance. This research emphasizes the need for cohesive legal frameworks that integrate environmental, social, and economic considerations while fostering accountability and justice. It concludes by identifying gaps in current legal mechanisms and suggesting pathways for enhancing international law’s role in combating the climate crisis. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 742-771. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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GREEN JUSTICE FOR CLIMATE CHANGE – A STUDY OF INDIA’S CARBON FOOTPRINT REGULATION

GREEN JUSTICE FOR CLIMATE CHANGE – A STUDY OF INDIA’S CARBON FOOTPRINT REGULATION Vanshika Ashu, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Jyotsna Singh, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.24 This paper examines India’s regulatory framework for carbon footprint management through the lens of environmental justice, analyzing the constitutional foundations, statutory mechanisms, and judicial responses to climate change governance. Despite being the third-largest greenhouse gas emitter globally while contributing only 3% of historical emissions, India faces the dual challenge of sustainable development and environmental protection. The research identifies significant gaps in India’s climate governance, including the absence of comprehensive carbon-specific legislation, fragmented policy implementation, and weak enforcement mechanisms. Through analysis of landmark judicial interventions, international commitments under the Paris Agreement, and domestic policies like the National Action Plan on Climate Change, the paper evaluates the effectiveness of India’s current regulatory approach. The study of emerging climate litigation, particularly Ridhima Pandey’s petition, reveals the evolving judicial recognition of climate rights. The research concludes with recommendations for a dedicated Carbon Regulation Act, strengthened carbon pricing mechanisms, expanded judicial review of climate commitments, and rights-based approaches to climate justice that would align India’s domestic framework with global climate governance standards. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 544-582. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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