Standing, Justiciability, and Burden of Proof in Climate Litigation: Challenges and Proposals (original) (raw)

Climate change impacts fundamental rights with increasing and irreversible effects. Yet, it remains largely unresolved by political action, and tipping points in the climate system are a genuine concern. Citizens are therefore seeking relief in court. However, traditional standing, justiciability, and evidence rules hinder access to climate justice, making it uncertain and potentially expensive for plaintiffs. Many cases have, in fact, been rejected based on procedural grounds. In addition, procedural rules appear to mismatch the fragmented nature of climate change harm. This Chapter argues that the 2020 Model Statute for Proceedings Challenging Government Failure to Act on Climate Change, drafted by the International Bar Association, might offer viable solutions for procedural law reform to decrease the hurdles identified for climate justice.