Climate Change Litigation: Losing the Political Dimension of Sustainable Development

Climate change litigation has been spreading worldwide at an impressive rate in the last decade. These types of lawsuits often take the form of strategic litigation that, based on scientific knowledge, aim to reach rulings that extend far beyond the interests of the parties involved in the case. What seems to be emerging in this trend is the advancing of an argument of a subjective “right to climate,” invoked to solicit public policies and interventions to protect the lives of present and future generations. The current article aims at illustrating some reflections while also highlighting shortcomings of climate change litigation lawsuits. In particular, considering the relevance of climate change consequences, it will be stressed how climate disputes risk undermining the democratic structure of our societies. Effectively, the author argues, the processes involved in forging policies, naturally characterized by checks and balances, seem to be weakened in climate dispute decisions. Therefore, the judicial decisions are left to influence and shape development models and, conversely, take away responsibility of public actors, whose action should be precisely managing and caring for the environment and society’s well-being at large.