When the Global Warming Challenges the Judiciary.

Abstract

Since 2005 and 2022, there were approximately 2,002 cases of climate litigation, with Asia-Pacific have been 28 cases and rising more. Climate litigation used by the citizen or civil society sector as a legal tool to activate the government to work on climate change measures and solve this issue. These kinds of cases will be challenges to the judicial system, which is conservative and not active to changing circumstances. However, judicial power is the power of interpretation and judgment. Furthermore, when climate litigation has been filed in court, the judge can't ignore the global warming issues. The court's decision can help protect the environment and create the opportunity to create laws, measures, and so on to combat global warming.

            This article found that climate litigation was closely related to human rights. The case is also complicated. Meanwhile, they linked international climate change principles such as the UNFCCC, the Paris Agreement, environmental justice, climate justice, intragenerational and intergenerational justice, and the right to a healthy environment, as well as fundamental human rights, which are judicial importation tools. The judiciary would need to understand these complex sciences, legal documents, and principles because climate change litigation will soon arrive in court.