Global Perspectives on Corporate Climate Legal Tactics
This research project examines the unique aspects of climate litigation across the corporate world leading to the production of a toolbox for the effective implementation of climate law.
The project analyses and compares best practices from 17 jurisdictions and will provide recommendations to relevant stakeholders in order to facilitate continuous improvement in the implementation of climate change law. The Toolbox contains an inventory of substantive and procedural provisions relevant to climate change cases, to be used as legal models by policymakers and legal practitioners. It acts as an authoritative reference point for judges and other adjudicators, leading to more consistent and informed climate change litigation decisions. Ultimately, the project will support and quicken global carbon reduction and the transition to net zero.
The Toolbox was launched on 27 March 2024.
Research in the first phase of the project is focused on the following jurisdictions:
Australia Brazil Canada China France Germany India Italy Japan Kenya Netherlands Nigeria Norway Philippines Poland United Kingdom United States
Follow the links above to view the amazing people who have given their time to the project. About 200 volunteers have joined us so far.
Climate Change+4
Latest News
Our American regional summit is now scheduled to take place in Washington DC on 1-2 April 2025, hosted at the ELI. Check back for more details and a registration link soon.
Our fabulous rapporteurs in Brazil hosted a webinar on corporate climate litigation in Brazil on 29 November. The event was recorded and is available to watch in Portuguese and in English translation. Some of the presentations are also available to download from the Brazilian event page.
Each of the rapporteurs is providing us with an executive summary of their national reports. The purpose is to provide a snapshot of their findings, in their local working language, so as to make their research available to non-legal audiences who might otherwise find the research inaccessible.
European Summit on Corporate Climate Litigation
On 30 September and 1 October, BIICL and the Centre d'études et de recherches internationales et communautaires at Aix-Marseille University co-hosted the European Summit to discuss the Toolbox and corporate climate litigation in Europe.
A packed room of scientists, practitioners and academics followed presentations and participated in discussions on topics such as the establishment of new legal grounds, the application of attribution science the application of evidence, and desired and potential remedies. The conference attracted an online audience of over 100 people. A recording of the event will be available soon and will be posted on the event page.
The Toolbox
One of the outputs of the project is the Global Toolbox on Corporate Climate Litigation. The aim of the toolbox is to provide a framework to enable and support litigation, making corporate climate litigation speedier, more efficient, more effective and more predictable, so claims can be resolved with the minimum delay.
The research carried out in 17 countries has been analysed and compared to create a comprehensive and authoritative reference point for litigators, judges and other adjudicators.
You can access the Toolbox directly or via the Corporate Climate Litigation Platform, which contains other resources and information.
National Conferences and Regional Summits
The project researchers and rapporteurs are working together to plan and organise 5 regional summits,
There will also be 17 national conference. Where the rapporteur is hosting both the national conference and the regional summit, the events will be combined. The national conferences will inform and train local users on how to best implement the research and guidelines presented in the Toolbox.
Summits
- Africa Summit and Kenya National Conference: Nairobi, 20-21 June 2024
- Asia Summit and Philippines National Conference: University of the Philippines College of Law, Manila, 8-9 July 2024
- Oceania Summit and Australia National Conference: Melbourne University, 6 August 2024
- Europe Summit and France National Conference: Aix-Marseille University, 30 September - 1 October 2024
- Americas Summit and USA National Conference: Washington DC, 1-2 April 2025
Conferences
- UK: LSE-Zoom, 27 March 2024
- Nigeria: University of Port Harcourt-Zoom, 2 May 2024
- Germany: Lausanne University, 21 May 2024
- Poland: Lausanne University, 22 May 2024
- India: Nirma University Law School, 1 June 2024
- China: Zoom, 1 June 2024
- Japan: Zoom, 15 June 2024
- Italy: ADVANT Nctm Milan, 11 September 2024
- Norway: Oslo University Faculty of Law, 20 September 2024
- Canada: Osgoode Hall Law School, Vancouver, 15 October 2024
- Brazil : Zoom, November 2024
- Netherlands: Utrecht University, March 2025
BIICL's Corporate Climate Litigation Platform
A Corporate Climate Litigation Platform is in development. It consists of 3 elements:
- a Toolbox of reports and resources to facilitate litigation planning;
- an AI-powered comparative database;
- a library of climate litigation resources.
The National Reports are published in the Toolbox and are available to download.
If you would like to have your work on corporate climate litigation referenced in our platform, please complete and submit this Google form.
The Project
More than 2000 climate change litigation cases have been filed globally. Whilst the majority of these cases have been filed against States, climate change-related cases have also been filed against private actors, mostly fossil fuel and cement companies, major greenhouse gas emitters. Whilst there is a growing body of work analysing climate litigation from a comparative perspective, analysis of the peculiarities of cases involving corporate players has yet to receive the same rigorous analysis as those cases against states.
Our project, Global Perspectives on Corporate Climate Legal Tactics will provide a repository of the most effective best practices worldwide in terms of substantive and procedural legal tools. It will offer a legal Toolbox for national and international legislators, and an inspiration for corporate actors to raise their climate-related ambitions.
The project team and its network of rapporteurs representing 17 jurisdictions are mapping and creating a comparative analysis of existing cases. They are analysing the causes of actions, procedures, and remedies used.
The project is forward-looking, identifying possible arguments and legal tools to tackle climate change through litigation involving companies. It is developing legal models to be incorporated into domestic legislation, regulation, contracts and international treaties. Combined, this will help litigation planning whilst allowing corporate actors to make positive changes to mitigate their litigation risk and contribute to combatting climate change.
Research team: Dr Ivano Alogna (Project Lead), Anthony Wenton, Crisela Bernardino, Prof Duncan Fairgrieve, Dr Jean-Pierre Gauci, and Dr Irene Pietropaoli.
The research team is supported by a Core Group of experts in corporate climate litigation and related areas, from around the world. These experts are drawn from academia, science, and legal practice.
Tackling Climate Change Through Private Law: Comparative Insights and Prospects
On Wednesday 31 January 2024 Dr Alogna and Nigel Pleming KC convened a webinar on climate change law, comparing relevant examples from France, Germany, the Netherlands, and the UK.
Four of our national rapporteurs took part in discussions:
Dr Kim Bouwer, Assistant Professor, Durham University Law School
Prof Elbert de Jong, Professor of Law, Economics and Governance, Utrecht University School of Law
Prof Mathilde Hautereau-Boutonnet, Professor of Private Law and Researcher in Environmental Law, Aix-Marseille University, and BIICL Visiting Research Fellow
Dr Sophia Schwemmer, Researcher, Institute for Foreign and International Private and Business Law, University of Heidelberg
