Abstract
This article delves into the emerging phenomenon of ‘forest climate litigation,’ which we describe as lawsuits addressing the intersection of science, policy and law specifically related to the role of forests in climate change mitigation and adaptation. Despite the burgeoning scholarly interest in climate change litigation, to date no systematic study of forest climate litigation has been carried out. This article presents the findings of the first comprehensive global study of this litigation, analysing the diverse strategies employed in, and the legal foundations of forest climate lawsuits across different regions. The article also introduces a taxonomy of forest climate litigation, intended to guide future research in this area. This taxonomy brings unique insights to the existing scholarship by revealing the strategies driving the convergence of forest and climate litigation, revealing a strategic ‘rights turn’ in forest litigation outside the US, and mapping out the novel use of integrated frameworks—combining climate, biodiversity and human rights law arguments—that signals a multidimensional approach to environmental justice and accountability in forest governance.
Reference
Bisiaux, A. A ‘Climate Turn’ in Forest Litigation: New Strategies for Forest Protection. Carbon & Climate Law Review. Volume 18, Issue 4 (2024) pp. 195 – 206. https://doi.org/10.21552/cclr/2024/4/5