The Justiciability of Climate Change Litigation Invoking the Paris Agreement before Domestic Courts: Comparative Law Perspectives

Abstract This article examines the justiciability of climate litigation invoking the Paris Agreement before domestic courts from a comparative law perspective. Although conceived as an instrument of intergovernmental cooperation, the Paris Agreement is increasingly relied upon by claimants — notably, on the grounds that alleged governmental inaction or insufficient climate policies result in human rights violations. The article documents indirect barriers to invoking this treaty, primarily stemming from constitutional rules that limit judicial competence over issues perceived as political. It further analyzes how courts, by adjusting the intensity of their review, condition their intervention on the existence of clear legal standards and the nature of the contested acts.