Global Trends in Climate Litigation and Sustainable Development Goals (SDGs)

Introduction

Climate litigation has significantly increased worldwide, with three quarters of the 2,967 climate-related cases filed in the last decade, following the adoption of the Paris Agreement in 2015. This surge marks a pivotal shift in legal strategies addressing climate change, aligning closely with the United Nations Sustainable Development Goals (SDGs), particularly SDG 13 (Climate Action), SDG 16 (Peace, Justice and Strong Institutions), and SDG 17 (Partnerships for the Goals).

Evolution and Impact of Climate Litigation

According to a report by the Grantham Research Institute on Climate Change and the Environment at the London School of Economics and Political Science, climate litigation has entered a mature and complex phase. It is increasingly used by governments, private actors, civil society, and individuals at various levels to promote accountability and action on climate change, supporting the achievement of SDG 13.

1. Volume of Cases: In 2024 alone, at least 226 new climate cases were filed, bringing the global total to 2,967.
2. Strategic Litigation: Over 80% of cases in 2024 were classified as strategic, aiming to influence public debate and policy for stronger climate action.
3. Legal Accountability: Litigation is increasingly recognized as a financial and reputational risk for governments and corporations, encouraging alignment with sustainable development principles.

Classification of Climate Litigation

• Climate Change Litigation: Cases involving climate science, policy, or law before judicial bodies.
• Strategic Litigation: Cases seeking both legal victory and broader societal change towards climate goals.
• Climate-Aligned Litigation: Cases promoting judicial relief aligned with climate action and resilience.
• Non-Climate-Aligned Litigation: Cases aiming to delay or prevent climate action, posing challenges to SDG 13.

Regional Disparities and Growth

The United States leads in the number of climate cases filed annually, followed by Australia, the United Kingdom, and Brazil. Meanwhile, climate litigation in the Global South is experiencing dynamic growth, with 60% of cases filed in the last five years. Notably, government bodies file over half of these cases in the Global South, compared to 5% in the Global North, highlighting different approaches to achieving SDG 16 and SDG 13.

• China’s Legal Advancements: The number of environmental courts in China increased from 134 to 2,813 between 2014 and 2023, with prosecutors handling over 1.9 million climate-related cases, enhancing environmental governance and supporting SDG 13 and SDG 16.

Significant Legal Milestones

European Court of Human Rights (ECHR) Ruling

In April 2024, the ECHR ruled in favor of KlimaSeniorinnen, a group of senior women activists, against the Swiss government for inadequate climate action. The court found a violation of human rights due to insufficient greenhouse gas emission reductions, linking climate change impacts to rights protected under Article 8 of the Convention. This landmark decision reinforces the integration of human rights with climate action, advancing SDG 13 and SDG 16.

International Courts and Advisory Opinions

• The International Tribunal on the Law of the Sea (ITLOS) issued an advisory opinion mandating states to prevent marine pollution from greenhouse gas emissions, supporting SDG 14 (Life Below Water) and SDG 13.
• Other international courts, including the International Court of Justice (ICJ) and the Inter-American Court of Human Rights (IACtHR), are increasingly involved in clarifying state obligations on climate change, influencing global governance and SDG 16.

Challenges and Opportunities

While most climate litigation seeks to promote sustainable development and climate goals, a notable number of cases challenge climate policies or corporate sustainability agendas, representing obstacles to SDG 13. This dual nature of litigation underscores the need for robust legal frameworks and international cooperation to support climate action.

Conclusion

Climate litigation is a critical tool in advancing the Sustainable Development Goals, particularly SDG 13, SDG 16, and SDG 17. Its growing prominence encourages transparency, accountability, and stronger climate policies worldwide. Continued monitoring and strategic legal actions are essential to harness its full potential in combating the climate crisis and achieving sustainable development.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 13: Climate Action
   • The article focuses extensively on climate litigation aimed at holding governments and corporations accountable for climate change, directly relating to SDG 13.
   • References to the Paris Agreement and efforts to reduce greenhouse gas emissions highlight the goal of combating climate change and its impacts.
2. SDG 16: Peace, Justice and Strong Institutions
   • The use of judicial and quasi-judicial bodies for climate litigation aligns with strengthening institutions and promoting access to justice.
   • Cases reaching supreme and constitutional courts emphasize the role of legal frameworks in climate governance.
3. SDG 3: Good Health and Well-being
   • The European Court of Human Rights ruling linked climate change impacts (heatwaves) to violations of rights to life and health, connecting climate action with health outcomes.
4. SDG 10: Reduced Inequalities
   • Climate litigation involving vulnerable groups such as elderly women (KlimaSeniorinnen) and children (Portuguese case) reflects concerns about protecting marginalized populations from climate impacts.

2. Specific Targets Under Those SDGs Identified

1. SDG 13: Climate Action
   • Target 13.1: Strengthen resilience and adaptive capacity to climate-related hazards and natural disasters.
   • Target 13.2: Integrate climate change measures into national policies, strategies, and planning.
   • Target 13.3: Improve education, awareness-raising, and human and institutional capacity on climate change mitigation, adaptation, impact reduction, and early warning.
2. SDG 16: Peace, Justice and Strong Institutions
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • Target 16.6: Develop effective, accountable, and transparent institutions at all levels.
3. SDG 3: Good Health and Well-being
   • Target 3.9: Reduce the number of deaths and illnesses from hazardous chemicals and air, water, and soil pollution and contamination.
4. SDG 10: Reduced Inequalities
   • Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies, and practices.

3. Indicators Mentioned or Implied to Measure Progress

1. Number of Climate Litigation Cases Filed
   • The article mentions the total number of climate cases filed globally (2,967 cases to date) and the number filed in 2024 (226 cases), which can serve as an indicator of legal engagement and accountability efforts.
2. Success Rate of Climate Litigation Cases
   • Success rates, especially higher success against corporations, imply an indicator of effectiveness of legal actions in enforcing climate policies.
3. Legal Outcomes Related to Emissions Reduction
   • Rulings such as the European Court of Human Rights decision requiring governments to implement measures to reduce greenhouse gas emissions can be linked to indicators measuring national compliance with emission targets.
4. Number of Environmental Courts and Cases in Specific Countries
   • The increase in environmental courts in China (from 134 to 2,813) and the number of cases handled (1.9 million) suggest institutional capacity indicators for environmental governance.
5. International Court Opinions and Their Influence
   • Non-binding opinions from international courts (ICJ, IACtHR, ITLOS) represent emerging indicators of international legal norms influencing climate action.

4. Table of SDGs, Targets, and Indicators

Source: earth.org