Chapter 19 looks at two landmark decisions that were issued after the submission of the full manuscript of this book for publication: the Advisory Opinion of the International Tribunal for the Law of the Sea on climate change and marine protection, and the judgment of the European Court of Human Rights in Verein KlimaSeniorinnen Schweiz and Others v Switzerland. The authors situate these decisions within the broader context of climate litigation, examining their implications for future cases and drawing connections to the themes explored in other chapters. They demonstrate how these decisions both reflect and advance emerging best practice in climate jurisprudence, potentially inspiring further innovation based on science and rigorous legal reasoning.

Chapter 20 reflects on the evolving landscape of climate litigation, circling back to some of the insights emerging from the Handbook’s various chapters, and speculates on its future trajectory. The editors begin by underscoring the remarkable progress that has been made in climate litigation, highlighting the significant role it has played in shaping legal responses to the climate crisis. They emphasise that the journey of climate litigation is far from over and that the field is poised for continued advancements and innovations. In particular, the editors shine a light on new frontiers for strategic litigation, including loss and damage cases that promote climate justice and considerations of ethics, fairness, and equity; claims against private polluters, particularly major corporate greenhouse gas emitters; more diverse litigation against governments that target the insufficient ambition, inadequate implementation, and lack of transparency in climate policies; litigation defending biodiversity through a climate lens; and inter-State climate lawsuits.

Chapter 14 on Intergenerational Equity sheds light on how this principle, which posits a responsibility to ensure that future generations inherit a habitable planet, has been invoked in climate cases to date. The authors examine how this principle has been interpreted and applied across different jurisdictions, highlighting the notable contributions of jurisprudence from the Global South in shaping the development and understanding of the principle. Through an examination of leading cases from around the world, they illuminate how courts in these jurisdictions have infused their decisions with a consideration for future generations, thereby advancing a more inclusive and long-term perspective on climate justice. The authors distil instances of emerging best practice where the principle of intergenerational equity has been invoked to guide legal reasoning and judicial decisions in climate cases. They underscore the potential of this principle to shape future climate litigation, particularly as the impacts of climate change increasingly span across generations.

Chapter 7 dissects how human rights laws have been harnessed in climate cases, scrutinising key judgments that have applied human rights frameworks to climate change and the implications of these legal strategies for both claimants and defendants. The authors’ analysis of emerging best practice reveals a growing acceptance of the notion that a State’s failure to take adequate action to address climate change constitutes a breach of human rights obligations, and this recognition is shaping legal strategies in climate litigation at the national and international levels. The authors also highlight how recent jurisprudence further suggests that corporations have important obligations to respect human rights in the face of climate change. Although jurisdictional disparities exist, the growing body of case law demonstrates the adaptability and replicability of rights-based reasoning, thereby contributing to the establishment of a consistent and coherent framework for ‘transnational’ climate law.

Chapter 1 introduces The Cambridge Handbook on Climate Litigation. The editors provide an overview of the development of climate litigation and its landmark victories, including the Urgenda, Leghari, and KlimaSeniorinnen decisions. They illuminate how the Handbook will help judges, lawyers, scholars, and other actors navigate the labyrinth of legal intricacies that define the rapidly evolving climate change litigation landscape. To shed light on the methodology of the publication, the chapter details the empirical basis for the work, which involved an exhaustive cataloguing of climate litigation case law to date. This is followed by an explanation of the analytical framework that underpins each of the chapters – a framework focused on distilling ‘emerging best practice’. The latter portion of the chapter details each section of the Handbook and summarises the analyses of the contributing authors. Ultimately, the Handbook aims to inspire dialogue as well as robust and innovative legal reasoning in future climate cases.