Klimaschutzklagen gegen den Staat in den USA und Indien

Strategic environmental litigation has a long-standing tradition in the United States and India. Their emissions drive global climate change. How accessible are these two common law legal systems to climate change litigation? In the U.S., climate protection lawsuits are filed in large numbers despite considerable legal obstacles, however with little success to date. In India, despite the nearly ideal legal framework, there have only been few cases with low impact. The comparison shows which aspects of the respective legal systems, especially the separation of powers, determine the justiciability of climate change. Placing the focus on India seeks to highlight the opportunities within legal systems of the Global South and render these more evident.