Ethics and climate litigation: from case law to knowledge networks
Damian BridgePurpose
This article examines how climate litigation has evolved from a policy instrument into a legal mechanism for enforcing ethical obligations, positioning climate change as an ethical issue and identifying human rights as a litigation outcome.
Design/methodology/approach
Adopting the design of an integrative literature review, the study combines bibliometric mapping of Web of Science citation data, processed using Bibliometrix and Biblioshiny, with conceptual and doctrinal analysis of key climate litigation case law.
Findings
Climate change litigation is maturing not only in scope but in ethical grounding, with human rights emerging as a strategic outcome courts increasingly pursue. Using bibliometric analysis, this article maps the intersection of climate litigation and ethics, identifying five research areas: greenhouse gases as pollutants, duty of care, climate science, global climate policy and intercountry equity. Cross-jurisdictional themes show that judicial decisions do more than resolve individual disputes – they shape, legitimize and accelerate transnational governance responses to climate change, positioning courts as meaningful actors in addressing climate change as an ethical imperative.
Social implications
This study maps the acceptance of ethics within legal spheres as part of the climate debate.
Originality/value
The article is among the first to integrate bibliometric mapping with doctrinal and ethical analysis of climate litigation, and proposes a tiered research agenda that addresses the interplay between government objectives and the interests of litigants.