1. Causes of Action

5. CURRENT APPLICATIONS

 The analysis of company and financial laws in the 17 focus countries demonstrates that these jurisdictions have diverse approaches in filing climate cases based on company and financial laws. Australia and Brazil use their respective company laws to hold companies accountable for inadequate disclosure of climate-related financial risks. Key cases such as Abrahams v Commonwealth Bank of Australia  set a precedent for including climate risks in financial disclosures. Directors' Duties and Liabilities are also used under company and financial laws to hold them accountable for climate-related risks within their fiduciary duties in countries like Australia, Canada, Netherlands. France, Italy, and the Netherlands have seen shareholder activism in bringing climate-related claims under their respective Civil Codes. On a regional level, Italy, Norway, and Poland also seem to have a growing emphasis on environmental protection and climate change, with EU directives influencing sustainability goals and climate risk integration in the financial sector. Norway's legal framework incorporates climate considerations into company laws, with EU directives influencing sustainability reporting.

India is in the early stages of developing ESG laws, with a focus on corporate social responsibility (CSR) towards the environment. Aspects of using CSR regulations to make companies accountable are seen in the Vizag gas leak case (re: Gas Leak at LG Polymers Chemical Plant in RR Venkatapuram VillageVisakhapatnam in Andhra Pradesh). In Nigeria, the tax laws indirectly contribute to corporate climate litigation, emphasizing the reduction and prevention of gas flaring as seen in the case of FIRS v. Mobil Producing Nigeria Unltd. In the Philippines, the Revised Corporation Code establishes provisions for corporate tort liabilities, demonstrating a lack of corporate personality as a defence when sued for torts committed as a corporation. This has been illustrated in the case of Emmanuel P. Guillermo v. Crisanto P. Uson  where the Supreme Court defined "corporate tort" as a violation of rights or the omission of a duty imposed by law, demonstrating the potential scope of liability for activities contributing to greenhouse gas emissions and climate change impacts.

In the UK, procedural obligations related to climate disclosures are rooted in regulatory frameworks like the Companies Act 2006 and TCFD, influencing corporate behaviour. As for the US, the third wave of climate litigation cases has evolved through the years and covers areas such as fossil fuel divestment, Employee Retirement Income Securities Act (ERISA) claims, greenwashing, and shareholder actions, reflecting the complex and diverse landscape of climate-related legal challenges.