Private Law Theory

ABSTRACT
International climate diplomacy is replete with assurances to envelop the countries and peoples of the Global South in the making of law and policy through intergovernmental channels. Over the decades following the birth of international environmental law with the first Earth Summit at Stockholm, many words of solace were spoken and nifty terms were invented to keep the Global South at the table.

Due to the slow movement associated with kicking the can down the road through shells and rulebooks, the countries and peoples of the Global South have increasingly become disenchanted with the traditional intergovernmental channels of climate law and diplomacy. There is, however, another arrow in the quiver of climate advocacy – litigation initiated by private stakeholders.

This article examines two current cases where private litigants have brought litigation against defendants for claims related to climate change.

Puder, Markus G, The Global South as a Player in the Climate Space: Private Litigants in European Courts Are Stepping Unto the Breach (September 9, 2024), Loyola University New Orleans College of Law Research Paper No 2024-18; 37 Tulane Environmental Law Journal 1 (2024).