Global Surge in Climate Litigation Targets Greenwashing and Carbon Offsets – Why Asia is Falling Behind

A recent report from Columbia Law School and the UN Environment Programme highlights a significant rise in climate-related court cases. Since 1986, there have been 3,099 such cases across 55 jurisdictions, up from 2,180 in 2022 and just 884 in 2017. Most of these cases (1,986) originated in the United States, with notable activity in Brazil, the UK, and Germany.

Interestingly, while cases from the Global South are still below 10% of the total, they are starting to increase. In the Asia Pacific, Australia leads with 161 cases, followed by New Zealand with 36. Other countries like Indonesia, India, and Pakistan have also seen some legal actions related to climate issues.

The report—titled Climate Change in the Courtroom: Trends, Impacts, and Emerging Lessons—is part of a series that began in 2017, looking at climate litigation trends over four decades. This surge in cases can be traced back to the Paris Agreement of 2015, which energized legal actions on climate rights and responsibilities.

Climate lawsuits have expanded in scope. They now cover issues like the government’s role in climate policy, corporate emissions, and even greenwashing. In South Korea, farmers are suing a power company for damages linked to fossil fuel emissions. This follows last year’s landmark decision that ruled the government’s climate efforts were insufficient.

Globally, several key cases stand out. In 2024, the International Tribunal for the Law of the Sea mandated that state parties must tackle marine pollution linked to climate change. Meanwhile, the International Court of Justice recently confirmed countries’ responsibilities toward climate action, following requests from the UN General Assembly.

Interestingly, there’s a growing trend of using human rights law in climate litigation. This approach is especially seen in Europe, but also in places like Pakistan. Scientists are linking specific weather events to climate change, giving plaintiffs stronger grounds for their claims. However, many courts still require proof of immediate harm, which can be hard to establish due to the widespread but often gradual impacts of climate change.

For instance, Japan has seen multiple lawsuits against authorities over coal power projects. However, courts have ruled consistently that these issues fall under public interest rather than individual rights, dismissing claims for the right to a stable climate.

On another front, “anti-climate” litigation is becoming more prevalent. These cases aim to roll back environmental protections and target climate advocates with legal threats. Data from 2015-2021 shows that 73% of Strategic Lawsuits Against Public Participation (SLAPPs) occurred in the Global South, including a significant number in Asia. In Thailand, for example, journalists face multiple lawsuits from mining companies attempting to silence their environmental investigations.

This growing body of climate litigation is more than just a legal trend. It’s reshaping societal norms and expectations around climate responsibility. UNEP executive director Inger Andersen emphasizes that these lawsuits are vital for advancing climate action and ensuring justice.

Climate litigation is proving to be a tool for change and a catalyst for faster action. As the situation evolves, its impact will likely shape climate policy and corporate accountability for years to come. For further details, you can read the full report here.

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