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22 Nov 2022

British Institute of International and Comparative Law (BIICL)

British Institute of International and Comparative Law announces research project to support climate legislation and litigation

"Global Perspectives on Corporate Climate Legal Tactics"

With research from 17 different legal systems, the project will analyse and compare best practices from those jurisdictions and provide recommendations to relevant stakeholders in order to facilitate continuous improvement in the implementation of climate change law. The toolbox will contain an inventory of substantive and procedural provisions relevant to climate change cases, to be used as legal models by policymakers and legal practitioners. It will also act as an authoritative reference point for judges and other adjudicators, leading to more consistent and informed climate change litigation decisions. The ultimate aim of the project is to support and quicken global carbon reduction and the transition to net zero.

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...

The project team and its network of rapporteurs...will provide a mapping and comparative analysis of existing cases and will analyse the causes of actions, procedures, and remedies used.

The project will be forward-looking, identifying possible arguments and legal tools to tackle climate change through litigation involving companies. It will develop 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 risks and contribute to combatting climate change...

On 17 November 2022, the project was formally launched at a webinar on 'Global Perspectives on Corporate Climate Legal Tactics: Developing a Comparative Toolbox for Corporate Climate Litigation...