CLIMATE LITIGATION: AN INSTRUMENT TO ENVIRONMENTAL JUSTICE

Image by Vincent M.A Jansen Introduction Climate litigation has emerged as a significant aspect of environmental law, allowing communities to seek legal redress against governments and big corporations for their role in climate change reduction. This approach involves the use of law to frame the climate crisis and the ensuing problems to proactively determine and operationalise legal response action, squarely situating climate change cases in human rights and constitutional law. Certain arguments are increasingly being accepted by courts as valid, thereby setting precedents for future cases involving climate change in addition to providing legal grounds for the formulation of future environmental policies as well as calling corporations to account. Among these are the issues of human rights, judicial activism, and the development of legal precedent and jurisprudence, all of which attest to the rise in the application of climate litigation as a means of seeking climate justice. i. ...