The Government's Broken Promises: What International Law and the Emerging Legalinitiatives Can Do to Address Climate Change

• Main Authors: lndriyani, Rachma, Tejomurti, Kukuh, Sunga, Gerald Aldytia, Afrizal, Dedy
• Format: Conference or Workshop Item
• Language: English
• Published: 2022
• Subjects: K Law (General)
• Online Access: https://repo.uum.edu.my/id/eprint/30468/1/SOLAS%20VI_2022_139_148.pdf; https://repo.uum.edu.my/id/eprint/30468/
• Institution: Universiti Utara Malaysia

In the last decade, there has been a growing number of climate change litigation in various countries. This type of litigation is fuelled by the involvement of civil society to seekgovemment's action for a failure to act in a manner that is consistent with their global responsibility to develop adaptation and/or mitigation plan to commit with climate targets in the Paris Agreement. This phenomenon is proof that the normative character of international law has been widely recognised by States in the context of globalisation. With such development, a question arises, which is "How international law can drive domestic enforcement in upholding State's climate change obligations?". This study uses normative and cases approach to analyse the international legal provisions and the current best practices of climate litigation in some countries. We highlight two points: the first is how the access to justice can bring the climate change issue into domestic litigation and tackle the constraints of cross border nature (international or regional forum); second is the remedies as a result from the climate litigation itself.