ABSTRACT
Transnational climate litigation has become a strategic tool to press state and nonstate actors into action. An analysis of international and domestic cases shows how rights and obligations are being materially, subjectively, spatially and temporally stretched in judicial proceedings. This article focuses on three distinct grammars of climate justice activated in climate litigation. The analysis exposes a shift from a traditional to a progressive grammar that moves from actual to potential climate harms, from human to nonhuman rights, from territorial to extraterritorial obligations, and from present to future generations. Beyond a traditional liberal framing of rights-based approaches to climate justice, we witness here a progressive critical grammar that broadens the scope of who can be considered legally affected by climate change, where, and how. A more radical understanding of climate justice, however, exceeds the capacity of these registers to confer structure, order, and meaning to climate harms across matter, subjects, space and time. Against this backdrop, a reparative grammar of climate justice is envisioned, which reconfigures the material boundary from potential to entangled harms, the subjective boundary from nonhuman victims to more-than-human care, the spatial boundary from extraterritorial to terrestrial spatiality, and the temporal boundary from future to enduring temporalities. In doing so, the analysis opens up a register of political thought for climate justice that starts in the law yet vastly exceeds and disrupts it.
Petersmann, Marie, Entangled Harms: A Reparative Approach to Climate Justice (December 13, 2024), LSE Legal Studies Working Paper No 19/2024.
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