International Trade Law and Climate Litigation

This chapter examines the characteristics and determinants of climate litigation in the multilateral trading system. It does so by examining the substantive and procedural aspects of trade-related climate litigation along the climate change litigation journey. The close interaction between trade and climate change makes international trade courts and tribunals important fora for climate litigation. However, the analysis in the chapter reveals that trade-related climate litigation under extant international trade law is more likely to take the form of anti- climate action litigation than pro- climate action litigation. Enhancing the prospects of pro- climate action litigation in the multilateral trading system primarily requires the establishment of new rules that mandate the adoption of climate-friendly trade measures and/or probit the use of climate-unfriendly trade measures.