Climate Change Litigation Drives Accelerated Decarbonization in Developing Asia: The China Paradigm

Climate change litigation is a new initiative in the global effort to address climate change, which has resulted in litigation based on climate change mitigation or adaptation in both developed and developing countries. In China, related theories and practices of climate change litigation has grown exponentially, seeking to clarify its preventive function and basic types. However, from a practical perspective, there are still obstacles to initiating climate change lawsuits, such as the lack of proactive involvement by courts in climate governance. Examining the practice of climate change litigation across different countries, there is a clear interaction between the judiciary and policy. In the United States and some countries in Europe, a judicial-driven approach to climate policy has developed in climate change litigation. China has a comprehensive climate change mitigation policy system, and the judicial authorities can facilitate the interim transition of climate change litigation through the interpretation and application of policy norms and by building a “climate policy-based justice” model, which provides new ideas for accelerating the decarbonization process in developing Asia.