Authors: Aniruddha Mulgund & Jan Weyer

Abstract:

That anthropogenic activity is the leading cause of Climate Change (hereinafter CC) is now a collective truism of a global past, present and future. What remains to be explored though, is if this scientific fact, finds acknowledgement firstly, then adoption through law, subsequent enforceability and finally, resulting outcomes in corresponding jurisdictions. Recent cases indicate that effective CC-action, i.e., mitigation and adaptation, is not only a political but also a legal issue. This is at the heart of CC-litigation.
This article compares the legalities of two cases - from Germany and India each, and is divided into three parts, the first (I) of which outlines the research methodology of comparative law through lenses of functionalism after examining the global context(s) of cases. Part II contextualises this approach to case objects and compares them against a set of parameters. Vastly different outcomes and national contexts limit the success of such a comparison. Notwithstanding this predicament, part III adds to the growing body of literature on the subject to inform advocacy and academia.

Article (pdf)