10 May 2018
Publication Recommends Stronger Laws, Policies to Implement Paris Agreement
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Obligations emanating from the Paris Agreement on climate change will require countries either to introduce new or strengthen existing laws and policies to keep up with increased ambition.

All 197 Paris Agreement signatories or ratifiers have at least one law or policy addressing climate change or the transition to a low-carbon economy.

Strategic climate litigation is increasingly challenging governments and corporations on climate action, pushing courts to examine linkages between climate change and rights protection.

May 2018: The Grantham Research Institute on Climate Change and the Environment at the London School of Economics and Political Science (LSE) and the LSE Centre for Climate Change Economics and Policy, UK, in partnership with the University of Leeds, UK, and the Sabin Center for Climate Change Law at the Columbia Law School, New York, US, have published a policy brief highlighting global trends in climate change legislation and litigation.

The brief titled, ‘Global Trends in Climate Change Legislation and Litigation: 2018 Snapshot,’ explains that all 197 signatories or ratifiers of the Paris Agreement on climate change have at least one law or policy addressing climate change or the transition to a low-carbon economy, of which 139 countries have framework laws that address climate change mitigation or adaptation holistically. Of the more than 1,500 climate laws and policies that exist worldwide, 106 have been introduced since the adoption of the Paris Agreement, with 28 explicitly referencing the treaty, although the brief notes that further analyses will be required to determine consistency with the Paris Agreement and Nationally Determined Contributions (NDCs). On litigation, the publication highlights that some strategic court cases against governments that link climate and rights have been successful, with more climate-related human rights cases emerging.

Importing internationally agreed targets into national laws and policies, and translating those targets into action, will significantly impact on the Paris Agreement’s success.

The brief notes that obligations emanating from the Paris Agreement will require countries either to introduce new or strengthen existing laws and policies to keep up with increased ambition, and that stronger links between national and international agendas are still needed. It states that a “de facto” disconnect between national and international processes might prevent countries from measuring progress towards and ratcheting up their NDC ambitions. The brief explains that importing internationally agreed targets into national laws and policies, and translating those targets into action, will significantly impact on the Paris Agreement’s success.

Citing the importance of framework legislation to implement the Paris Agreement, the brief discusses the UK’s Climate Change Act, one of the earliest framework laws. Its legislative features, which are being replicated elsewhere, include: a science-based, long-term emissions target; economy-wide five-year carbon budgets; adaptation planning towards climate resilience; an independent advisory body; and mandatory progress monitoring and accountability.

The brief notes that while around 25% of laws and policies are explicitly climate change mitigation or adaptation laws, others integrate climate change into laws focused on specific sectors or activities such as energy, forestry or transport. Other laws incorporate climate change into wider frameworks, such as economic development or green growth plans, which are often consistent with meeting the SDGs.

Regarding litigation trends, the brief highlights the ‘Climate Change Litigation of the World’ database, which includes over 276 court cases across 25 national courts (excluding the US) and international bodies. While the majority of cases in the database deal with mitigation, some address adaptation, for example as it relates to coastal planning and risks from climatic hazards. Corporations are the most represented group of plaintiffs, frequently bringing cases against governments to overturn administrative decisions made on the basis of climate change. Over 800 US cases are included in a separate database, which includes more than a dozen lawsuits challenging deregulation by the US government. Other US litigation relates to, inter alia: federal government transparency; environmental review and permitting; municipality-led suits against fossil fuel companies; state-led efforts to decarbonize electricity; and liability for failure to adapt.

Strategic climate litigation, the brief notes, is increasingly challenging governments and corporations on climate action, pushing courts to examine linkages between climate change and rights protection. It influences policy by urging mitigation, adaptation and compensation. Litigation also affects corporate behavior and strategies, with plaintiffs seeking compensation from carbon producers for climate change-related damage. Even unsuccessful litigation contributes to increased long-term climate action as it raises awareness, and leads to a broader public discussion on climate change-related issues. [Policy Brief: Global Trends in Climate Change Legislation and Litigation: 2018 Snapshot] [Annex of Graphs] [Publication Landing Page]

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