Lessons from global trends in climate change legislation and litigation

Eskander, Shaikh, Fankhauser, Sam and Setzer, Joana (2020) Lessons from global trends in climate change legislation and litigation. In: NBER Environmental and Energy Policy and the Economy Meeting; 21 May 2020, Online.

Abstract

There is no country in the world that does not have at least one law or policy dealing with climate change. The most prolific countries have well over 20, and globally there are 1,800 such laws. Some of them are executive orders or policies issued by governments, others are legislative acts passed by parliament. The judiciary has been involved in 1,500 court cases that concern climate change (over 1,100 of which in the US). We use Climate Change Laws of the World (CCLW), a publicly accessible database, to analyze patterns and trends in climate change legislation and litigation over the past 30 years. The data reveal that global legislative activity peaked around 2008-13, well before the Paris Agreement. Accounting for government effectiveness and the length of time laws have been in effect, the UK and South Korea are the most comprehensive legislators among the G20 and Spain is within the OECD. Climate change legislation is less of a partisan issue than is commonly assumed: the number of climate laws passed by governments of the left, center and right is roughly proportional to their time in office. We also find that legislative activity decreases in times of economic difficulty. Where courts have got involved, judges outside the US have ruled in favor of enhanced climate protection in 53 percent of cases (US judges are more likely to rule against climate protection).

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