CLIMATE CHANGE AND CLIMATE LITIGATION: LEARNING THE PAST, UNDERSTANDING THE PRESENT AND ANALYZING THE FUTURE

Abstract

The words “Climate Change” ring in the unfavoured thoughts of greenhouse gases, global warming, rising sea levels, and the likely heading of the world towards unliveable conditions. But, along with these images, the words “Climate Change” also ring in the need for change, action and innovation. The United Nations’ Framework Convention on Climate Change (hereinafter referred to as UNFCCC), defines the term “Climate Change” as the change in climatic conditions that can be attributed directly or indirectly to Human Activity, changing the composition of Global Atmosphere, in addition to the varying of Climate naturally, that can be observed over long time periods.1 Climate Change has occupied the limelight of all environmental discussions for well over two decades now, after it was first accepted as an “Environmental Threat” in the year 1992, at the Rio de Janerio summit, while the UNFCCC Charter was adopted. However, it is evident that the concentration of Greenhouse Gases present in the atmosphere, have far crossed the levels that are considered scientifically safe. Moreover, rising sea levels, causing an increased destruction during coastal storms and an ever-receding coastline are threatening to submerge island nations and their communities.2 On an international platform, Climate Change has been termed as a “Super-Wicked Problem”, as it has the power to resist even the most substantial efforts by the world’s policymakers. There are three reasons why this problem is considered “Super Wicked”. The first reason is that Climate Change becomes lesser and lesser traceable over time.