Growing litigation

As climate action fell off some government agendas, citizens worldwide turned to the courts to demand accountability.

In a landmark case, hundreds of Japanese plaintiffs sued their government in December for "unconstitutional" climate inaction. Similar legal moves are underway globally, including in South Korea, where young environmental activists won the first such case in Asia in 2024. In Germany, climate targets were also ruled insufficient and unconstitutional in 2021.

"This rise in litigation is because the climate change situation is becoming more severe, and people are directly feeling the impacts of extreme weather," Ma observed. "At the same time, climate policies and actions in many countries are weakening, creating a stark contrast that pushes people to seek legal recourse when their voices are marginalized in the political process."

At the global level, the International Court of Justice in July delivered its advisory opinion on the legal obligations of states concerning climate change. The non-binding advisory opinion said that key climate treaties impose "binding obligations" on state parties.

"States have a duty to prevent significant harm to the environment by acting with due diligence … in accordance with their common but differentiated responsibilities and respective capabilities," it said.

While experts welcomed its positive significance for maintaining and promoting international climate cooperation, they cautioned against over-reliance on litigation.

Climate litigation cannot and should not replace policy negotiations and international cooperation, said Zhang from Tsinghua University, warning that pushing climate action into "legal confrontation" could weaken consensus, intensify political opposition, and ultimately be detrimental to long-term cooperation.