Loss & Damage Casebook

Case studies analyzing important climate change cases and providing key takeaways

Argentina
Australia
Belgium
Brazil
Canada
France
Germany
International
Italy
Japan
Nepal
Netherlands
New Zealand
Pakistan
Philippines
Portugal
South Africa
South Korea
Turkey
Uganda
United States of America
Reset

Affirming country / corporate responsibility for their ‘fair share’ of emission reductions, regardless of the actions of other countries or corporations.
Applying a developed body of law in the context of climate change
Articulating an obligation to cooperate internationally
Bringing the case in a more favorable venue / jurisdiction.
Centering rights
Challenging a fossil fuel project
Emphasizing the urgency of taking climate action now, given the compounding and permanent effects of climate change as time progresses
Focusing on youth and future generations
Providing an inclusive definition of the greenhouse gas emissions for which countries / corporations are responsible
Shifting the presumption of proving the adequacy of the countries’ / corporations' climate actions to the respondent countries / corporations
Tying countries' / corporations' climate and human rights obligations to international climate and environmental law, including, for example, the temperature target established by the Paris Agreement
Using a carbon budget
Using human rights as interpretative guidance when corporations don't have direct positive human rights obligations
Utilizing a variety of legal arguments to increase the likelihood that one such argument will succeed in front of the court
Reset

Communities
Corporation
Government/political officials
Individuals
NGOs
Youth
Reset

Corporations
Goverment
Reset

%thumb%

%title%

%excerpt%

%link_label%

Strategies

The NYU Climate Law Accelerator (CLX) is a global collaborative hub that catalyzes legal strategies, tools, and ideas needed to secure urgent and ambitious climate action.

View all strategies

Glossary

In this section, you can find definitions of terms and concepts that are cross-cutting through rights-based climate litigation

View all terms

DATABASE OF RIGHTS-BASED CLIMATE CHANGE CASES

CLX maintains a database of rights-based climate change cases that have been brought around the world since 2005

View map