ID: 1628
Presenting Author: Gokul Prasad Burlakoti
Session: 596 - Climate Impact Assessments After the ICJ's Climate Change Opinion
Status: pending
This paper analyzes how courts are vital in climate governance through litigation, enforcement, and interpretation, promoting accountability, environmental justice, and sustainabiliy.
Climate change presents a profound threat to human rights and environmental sustainability, necessitating multifaceted responses. This paper explores the pivotal role of the judiciary—particularly in Nepal—in climate governance and environmental protection. It highlights how courts globally and nationally have emerged as key actors in climate change mitigation and adaptation by enforcing environmental laws, adjudicating climate-related disputes, interpreting international agreements, and promoting scientific understanding. Through landmark cases such as Urgenda v. Netherlands, Juliana v. United States, and Milieudefensie v. Shell, the judiciary has held governments and corporations accountable for their environmental responsibilities. In Nepal, Public Interest Litigation (PIL) has been instrumental in advancing climate justice, with the Supreme Court issuing progressive verdicts that integrate principles like the public trust doctrine, intergenerational equity, and the polluter pays principle. The paper also examines the judiciary’s role in ensuring the integrity of environmental impact assessments (EIA), emphasizing procedural compliance, public participation, and adaptive management. Despite challenges such as legal standing, scientific complexity, and institutional limitations, courts continue to shape climate policy and public discourse. The study concludes that judicial interventions, while not a substitute for legislative and executive action, are essential in safeguarding environmental rights and ensuring a sustainable future.
Dr. Gokul Prasad Burlakoti is a legal expert and academic specializing in environmental law, clean energy, and climate change, with decades of government service and international experience