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VOL. 8, ISSUE 1 (2026)
Climate change litigation and state responsibility in international law
Authors
Dr. Jyotsna Singh
Abstract
Climate change has become a defining global
challenge, prompting vulnerable states and communities to increasingly utilize litigation
as a mechanism to clarify state obligations and seek remedies for environmental
harm. This paper explores the intersection of state responsibility and climate
change within international law, examining how traditional principles, such as
the no-harm rule and due diligence are being adapted to address the
complexities of global warming. While the diffuse nature of greenhouse gas
emissions presents significant hurdles regarding causation and attribution,
domestic and international courts are increasingly bridging the gap between
environmental protection and human rights. By analyzing landmark cases like Urgenda
Foundation v. State of the Netherlands and the emergence of advisory
proceedings before the International Court of Justice, the study argues that
litigation is evolving into a critical tool for shaping a new normative
framework of accountability. Ultimately, climate litigation complements
political negotiations by upholding the rule of law and protecting the rights
of present and future generations against the existential threat of climate
change.
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Pages:239-242
How to cite this article:
Dr. Jyotsna Singh "Climate change litigation and state responsibility in international law". International Journal of Law, Policy and Social Review, Vol 8, Issue 1, 2026, Pages 239-242
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