Law and litigation
Law and regulation at multiple levels of governance (local, state, national, transnational, international) play a central role in addressing the climate crisis. Climate law is a relatively recent legal discipline that draws on, and has close intersections with, other areas of law and regulation, such as international law, environmental law, corporate and financial law, law of the sea and human rights law.
Climate law may shape the roles and responsibilities of governments and other actors, such as companies, to:
- Address climate change
- Put in place the framework for response measures on mitigation and adaptation
- Provide for planning and coordination of activities
- Create regimes of liability for harm.
Climate litigation (disputes on climate change brought to the courts for resolution) have emerged as a major site for climate governance and law-making in countries around the world and particularly in Australia, which has the second-highest number of climate cases globally. Law and litigation are often seen as a central tool in the fight for climate justice for vulnerable communities by providing for (the possibility of) remedies and compensation for climate-related harms.
Program Lead
Professor Jacqueline Peel, Professor of Law, Melbourne Law School; Director of Melbourne Climate Futures
Early career researcher co-lead
Ms Rebekkah Markey-Towler, Research Fellow, Melbourne Climate Futures
Grants and Resources
Australian Climate Change Litigation database
ARC DP22 project on ‘Advancing Investor Action on Energy Transition’
Centre for Resources, Energy and Environmental Law (CREEL), Melbourne Law School
Projects and Initiatives
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Submissions
Submission to Amendments to the Housing Australia Investment Mandate Decision
Submission on the Climate Change Amendment (Duty of Care and Intergenerational Climate Equity) Bill
Submission to the Joint Standing Committee on Trade and Investment Growth
Submission to the FRAA's consultation on 'Draft Financial System and Regulator Metrics Framework'
Submission to the Senate inquiry into greenwashing
Submission to the Treasury's consultation on legislating the objective of superannuation
- Publications