3. Remedies

1. OVERVIEW

This section provides a comprehensive and comparative overview of the use of non-pecuniary remedies in climate and environmental litigation across 17 focus countries. It highlights the global trend towards utilising a variety of non-pecuniary remedies in climate litigation by reflecting on each country's unique legal, economic, and social contexts. It also notes the judicial willingness to engage with complex environmental issues and adapt legal responses to the evolving challenges of climate change and environmental degradation.

Established Legal Avenues

The key non-pecuniary remedies include injunctions (common in Canada, Brazil, Germany, Poland, and the USA), declaratory relief (utilised in Canada and India), preventive measures (as seen in France and the Netherlands), and restorative measures (notably in Germany). Other approaches include public civil actions in Brazil, the Writ of Kalikasan and Continuing Mandamus in the Philippines, and specific performance orders in the UK.

Challenges and Hurdles

The challenges faced in implementing non-pecuniary remedies are seen particularly in countries like Nigeria and China, where economic considerations play a significant role. For example, Nigerian courts show hesitation in issuing injunctions against oil and gas companies to avoid economic disruptions. There's also a high threshold for proving concrete danger and causation in Japan, reflecting judicial cautiousness and the balance between domestic public benefits and environmental harms.

Future Pathways

Looking ahead, a shift towards more nuanced, preventive, and rights-based legal remedies in response to the unique challenges of climate change and environmental degradation is anticipated. This includes the growing use of declarations and injunctions to enforce environmental laws and influence corporate behaviour in Australia, the continuous application of injunctive remedies in the Netherlands, and the exploration of new remedies like ecological environment restoration in China.