The unsexy future of climate change litigation

Kim Bouwer

Research output: Contribution to journalArticle

10 Citations (Scopus)
9 Downloads (Pure)


This article starts the task of expanding the concept of climate change litigation. It argues that a preoccupation with high-profile cases, can divert attention from other important issues litigated within the broader climate change context. The article highlights four key and interrelated considerations that would inform a future conception of climate change litigation. First, climate litigation occurs across scales, and smaller cases at lower levels of governance are as important as more high-profile cases, for myriad reasons. Second, climate change litigation can engage all elements of a good climate response, not just emissions abatement. Third, the extent of private law’s potential contribution, tends to be overlooked. Fourth, ignoring ‘invisible’ climate change cases – or invisible issues within those cases - can result in perilous consequences for climate change policy. Illuminating the implications of all climate cases across scales is fundamental for coherent policy. In addition, this broader conception can support strategic choices.
Original languageEnglish
Number of pages26
JournalJournal of Environmental Law
Early online date19 Jul 2018
Publication statusE-pub ahead of print - 19 Jul 2018


  • climate change litigation
  • climate change policy
  • mitigation
  • multilevel governance
  • private law

Research Output

  • 10 Citations
  • 1 Other contribution

Climate consciousness in daily legal practice

Bouwer, K., 22 May 2015, Oxford : Oxford University Press.

Research output: Other contribution


  • 2 Invited talk
  • 1 Oral presentation

The Future of Climate Change Litigation

Kim Bouwer (Speaker)

16 Feb 2018

Activity: Talk or presentation typesInvited talk

Rooftop solar systems, global law and small scale climate litigation

Kim Bouwer (Speaker)

4 Sep 2017

Activity: Talk or presentation typesInvited talk

Seeing the Invisible – Small Scale Climate Litigation

Kim Bouwer (Speaker)

8 Sep 2016

Activity: Talk or presentation typesOral presentation

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