2. Procedures and Evidence
A. Actors Involved
6. HURDLES AND CHALLENGES
Common hurdles and challenges can be seen in the form of legal frameworks and standing, procedural challenges, and evidentiary limitations. Procedural challenges such as admissibility issues, high costs, determination of causality, and other legal technicalities in Nigeria and the United States have hindered the effectiveness of climate litigation (see the section on standing, procedure, and evidence).
For claimants, countries like China and Japan face challenges due to restrictive legal frameworks and limitations on who can bring legal claims. In China, NGOs face constraints such as the requirement to have five years of operation without legal violations. Canada, India, Nigeria, the United States, and France have seen challenges in directly holding corporations responsible for climate impacts. This is mainly due to evidentiary issues such as establishing attribution and direct causation.
