Is structural litigation an effective way to encourage States to comply with the objectives of mitigation and adaptation to climate change?

Abstract

Climate litigation in which plaintiffs urge governments to adopt climate change mitigation and adaptation measures has spread throughout the globe in recent years. Although its legitimacy and effectiveness is disputed, from the legal point of view, the issue is of extremely relevant interest, since it involves wondering not only if litigation is effective in strengthening resilience and reducing the impact of climate change, but also involves evaluating its effectiveness to experience and support social changes and structural organizational changes in organizations that are bureaucratic. We will get involved into this issue, anticipating a favorable response to climate litigation.