Law plays an important role in reshaping and enforcing governance efforts in radical shifts and can function as a catalyst for transitioning governance towards sustainability. This article assesses the capacity of law to facilitate decarbonization as a radical societal shift. It argues that decarbonization demands fundamental and systemic restructuring in law and legal thinking. This should also be reflected in legal scholarship and, most importantly from the point of view of this article, in the methodological choices and approaches that legal scholarship relies on to study societal challenges. To that end, the article develops a new methodological approach (disciplinary comparison) through which to study law's capacities in respect of decarbonization as a radical societal shift. Disciplinary comparison can be used to gain information on both the friction and the synergies between legal disciplines. This new methodological approach will contribute to increasing insight into law's capacities for the radical, cross-sectoral change necessitated by the need to decarbonize societies.

This article assesses the implications of national climate litigation for what is termed ‘the international rule of law’. Starting from the finding that the current international climate treaty regime lacks several elements of an international rule of law, such as legal bindingness, clarity, and justiciability, the author explores what national courts contribute to filling these gaps. Deviating from a linear progression narrative, which is prevalent in existing literature, this article provides a more nuanced and complex picture. Whereas successful climate litigation is hardly imaginable without reliance on internationally agreed-upon facts – such as reports by the Intergovernmental Panel on Climate Change and global average temperature levels deemed ‘dangerous’ – doctrinally decisions do not represent a turn toward a stricter rule of international climate law. Instead of applying and progressively developing climate treaties, courts thus far have primarily used these provisions only to develop national constitutional law and regional human rights law. The created system of highly contextual national rule(s) of climate law is a fragmented one which is regionally limited to a few states predominantly located in Western Europe. Consequently, it is a far cry from a truly global rule of international climate law.

The ECB has two mandates its primary and secondary mandate. Its primary mandate has been the focus of many discussions but its secondary mandate is less frequently discussed. Nevertheless this mandate has important objectives and should not be considered obsolete. This article examines the legal status of the secondary mandate of the ECB with regard to climate change. In particular this article will consider the role of the secondary mandate with regard to the Digital Euro and energy targets. The Digital Euro can be used as a monetary tool and improve payment systems. However, depending on its design the Digital Euro can use a considerable amount of energy. This article concludes that if the design of the Digital Euro does not impact the monetary objectives, the secondary mandate of the ECB determines the design of the Digital Euro.

Climate change has become a household term. As the climate crisis grows increasingly pressing, climate litigation has proven instrumental as a driver for change. Brazil is an important jurisdiction for climate matters: It is the sixth largest global greenhouse gas emitter, responsible for 3.2 percent of global emissions,1 and home to the largest extension of the Amazon rainforest. Climate litigation has been gaining traction, but it is still far less frequent than environmental litigation at large. Against the backdrop of the state and trends of climate litigation in the country, this article explores theoretical and practical avenues to further expand the strategic deployment of climate cases in Brazil. First, it analyzes how climate claims can be construed with arguments that are impervious to the political question doctrine. Second, it explores possibilities of bringing claims against private entities, challenging more granular obligations arising out of Environmental, Social and Governance (ESG) frameworks. Third, it discusses the role of lawyers in bridging theoretical and practical gaps, namely those between environmental law and climate law, between scientific experts and courts, and between international and domestic climate change regimes.

While legal scholarship seeks mainly to assess the impact of climate change litigation (CCL) on the regulatory state and on climate change policy in common law countries, the potential influence of government climate policy on the judicial practices of jurisdictions with different legal traditions attracts much less attention. This article fills the gaps by exploring how courts in China, an authoritarian country with a civil law tradition, react to government climate policies and how this judicial response might affect relevant legal rules and eventually contribute to climate regulation. An empirical analysis of 177 Chinese judicial cases reveals that CCL in China consists mostly of contract-based civil actions steered by the government's low-carbon policies. Moreover, although the prospects of CCL against public authorities in China remain very bleak, there is scope for the emergence of tort-based CCL, backed by government policies. In this respect, recent tort-based public interest litigation on air pollution in China may serve as a substitute or, more promisingly, a gateway to the emergence of a tort-based branch of Chinese CCL.

Reducing emissions of short-lived climate pollutants (SLCPs) – in particular, black carbon and methane – is a promising option for slowing global and regional warming in the short term, while at the same time reducing local air pollution. This mitigation opportunity seems to be particularly relevant in the Arctic context. The article provides a comprehensive overview and a critical assessment of the state of international law and governance relevant to the reduction of SLCP emissions in the Arctic. The article demonstrates that current legal and governance regimes for reducing SLCP emissions in the Arctic are complex and fragmented, which raises questions about the scope for this option for climate change and air pollution mitigation to reach its full potential. Nevertheless, the article concludes that fragmentation in this policy domain is of a cooperative or synergistic nature and therefore not problematic, provided that greater harmonization of legal instruments and enhanced cooperation between institutions are achieved. It also suggests options for strengthening international law and governance on SLCPs. Although the focus of the article is regional, many of its conclusions are relevant for the global regulation of SLCPs.