SOAS Research Online

Abstract

This chapter forms part of an edited collection on global perspectives on climate litigation. After the case of Asghar Leghari v Pakistan, a global spotlight has been placed on Pakistan, as well as the region more generally, for the potential of climate litigation. The chapter analyses climate litigation in India and Pakistan and the opportunities and challenges that exist going forward. It traces the limited case law that has developed to date expressly incorporating climate considerations. The chapter analyses the development of litigation with reference to broader socio-political dimensions of litigation, environment and climate change in the region. Furthermore, a broader sphere of ‘litigation in the context of climate change’ is analysed, broadening the scope of litigation beyond what is traditionally seen as ‘climate litigation’ . This includes litigation that brings forward issues that deal with mitigation and adaptation but do not necessarily expressly frame arguments in terms of ‘climate change’. Accordingly, the chapter provides a fresh perspective to the current literature on climate litigation in India and Pakistan, through a more focussed analysis of climate litigation in the domestic political and legal context within which such litigation takes place.