Abstract
Climate change has emerged as one of the most significant global challenges of the twenty-first century, demanding coordinated international action and effective domestic legal responses. The evolution of international environmental law has resulted in the development of diverse policy frameworks and regulatory mechanisms aimed at mitigating climate change and promoting sustainable development. Although international instruments establish common principles and obligations, their implementation remains primarily the responsibility of individual States, leading to varying legal approaches and enforcement mechanisms across jurisdictions. The growing transplantation of environmental legal principles reflects the recognition that climate change is a transboundary issue requiring both global cooperation and context-specific domestic governance. Consequently, climate change litigation has become an important legal tool for ensuring governmental accountability, enforcing environmental rights, and advancing climate justice.This article examines climate change litigation from an international legal perspective through a comparative analysis of Taiwan and India. It explores the influence of international environmental instruments and principles on the development of climate-related legal frameworks, judicial approaches, and environmental governance in both jurisdictions. The study critically analyses the constitutional provisions, statutory frameworks, policy initiatives, and judicial interventions that shape climate litigation in Taiwan and India. Adopting a doctrinal and comparative research methodology, the article identifies similarities, differences, strengths, and challenges in implementing international climate obligations within the domestic legal systems of the two countries. It further evaluates the role of courts in interpreting environmental rights, promoting sustainable development, and strengthening climate accountability. The study concludes by recommending strengthened legal and institutional frameworks, enhanced climate governance, and greater international cooperation, particularly between India and Taiwan, to promote sustainable development and support the global transition towards a resilient and low-carbon future.
- Introduction
Climate change has become one of the most significant challenges confronting humanity in the twenty-first century. Scientific evidence overwhelmingly demonstrates that rising global temperatures, changing weather patterns, sea-level rise, biodiversity loss, and the increasing frequency of extreme weather events are primarily driven by anthropogenic greenhouse gas emissions. The reports of the Intergovernmental Panel on Climate Change (IPCC) consistently affirm that human activities have been the dominant cause of global warming since the mid-twentieth century, underscoring the urgent need for coordinated international and domestic responses. Recognising the transboundary nature of climate change, the international community has developed a comprehensive legal framework through instruments such as the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Paris Agreement. These agreements establish common objectives and principles for mitigating greenhouse gas emissions, enhancing climate resilience, and promoting sustainable development. Nevertheless, the effectiveness of these instruments depends largely on their implementation by individual States. Differences in constitutional structures, legislative priorities, institutional capacities, and political commitments have resulted in diverse approaches to climate governance across jurisdictions.
In recent years, climate change litigation has emerged as an important mechanism for addressing the shortcomings of legislative and executive action. Individuals, communities, non-governmental organisations, and public interest groups increasingly approach courts to compel governments and private entities to fulfil their climate-related obligations. Climate litigation has evolved beyond traditional environmental disputes to encompass issues relating to constitutional rights, administrative accountability, corporate responsibility, human rights, and intergenerational equity. Judicial intervention has therefore become an essential component of climate governance by promoting governmental accountability, interpreting environmental obligations, and safeguarding the rights of present and future generations.
The growing body of climate litigation demonstrates that courts are playing an increasingly significant role in shaping national climate policies and enforcing international environmental commitments. While several jurisdictions have witnessed landmark judicial decisions directing governments to adopt stronger climate measures, considerable differences remain in the manner in which domestic legal systems incorporate and implement international climate obligations. These differences make comparative legal analysis particularly valuable in understanding the effectiveness of climate litigation across jurisdictions. Against this background, this article undertakes a comparative examination of climate change litigation in Taiwan and India from an international legal perspective. Although both jurisdictions face significant climate-related challenges, their constitutional frameworks, legislative developments, judicial approaches, and institutional mechanisms differ considerably. The study analyses how international climate law has influenced domestic legal systems, examines the role of courts in promoting environmental justice and climate accountability, and evaluates the effectiveness of climate litigation in advancing sustainable development objectives. By identifying the similarities, differences, strengths, and limitations of the two jurisdictions, the article seeks to contribute to the evolving discourse on comparative climate governance and to offer recommendations for strengthening climate litigation as an instrument for achieving effective environmental protection and compliance with international climate obligations.