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Courts are redrawing the climate liability map

A wave of global court rulings is redefining climate risk, with growing legal pressure on governments and corporates to act, disclose and be held accountable.

A wave of landmark rulings — from the Torres Strait to The Hague — is reshaping global climate accountability and exposing businesses to new legal risks, argue Ashurst lawyers James Clarke and Erin Eckhoff. Shutterstock.

This month will be remembered as a watershed moment in the global legal response to climate change. In just a few weeks, a cascade of judicial and quasi-judicial decisions have fundamentally altered the risk landscape for governments and business.

First, the Inter-American Court of Human Rights (IACHR) issued a landmark advisory opinion affirming that the right to a healthy environment includes the right to a stable climate.

The Court made clear that states must regulate emissions from both public and private actors, hold corporations accountable and ensure a fair transition to a sustainable society.

It singled out high-emitting industries — including fossil fuels, cement and agriculture — as bearing particular responsibility for climate harm.

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