Procedural problems in the consideration of climate protection cases

Abstract

The number of disputes initiated by organisations, public associations and citizens trying to fight for climate justice and carbon neutrality is growing every year in the world. In order to successfully fight, it is necessary to remove a number of obstacles arising in the consideration, adoption and monitoring of the implementation of decisions on climate disputes. The analyses made it possible to draw the necessary conclusions and recommendations aimed at improving the efficiency of resolving such cases. The purpose of this study is to form an idea of effective ways in the field of climate protection by analyzing procedural problems related to the consideration of climate protection cases in foreign countries and scientific sources. The analysis is based on cases that have been decided as well as cases before the courts. Procedural problems of climate protection cases over the last decade were revealed. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Private-scientific methods were applied: legal-dogmatic and method of interpretation of legal norms. The obtained result showed that litigation and arbitration disputes aimed at climate protection have become an effective tool to ensure compliance or strengthening of climate commitments.

Keywords

• climate protection
• climate disputes
• carbon neutrality
• procedural issues
• access to justice
• rules of evidence
• admissibility of evidence
• climate pollution
• air emissions