Between Principle and Practice: Assessing Climate Justice in Climate Change Jurisprudence

Nikolić Popadić, Sofija and Stjelja, Ivana (2026) Between Principle and Practice: Assessing Climate Justice in Climate Change Jurisprudence. International problems, 78 (2). pp. 465-513. ISSN 0025-8555

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Abstract

f climate change are not evenly shared, with those least responsible often facing the gravest consequences. Therefore, climate crisis is best understood not merely as an environmental challenge, but also as a profound challenge to human rights and social equity. This article examines the concept and components of climate justice, drawing on David Schlosberg’s theoretical framework. A key research question explores the scope and depth of recognition given to climate justice in international climate agreements. The research shows that within the international legal framework, distributive justice is only partially recognised, procedural justice depends on national and complementary environmental frameworks, and justice as recognition remains largely theoretical, highlighting the role of human rights instruments. The analysis also reviews selected climate litigation cases, evaluating how distributive, procedural, and recognition-based justice are reflected in judicial reasoning. Landmark decisions by international and national courts demonstrate that states have enforceable obligations to align policies with climate objectives. The findings underscore the pivotal role of citizens and civil society in fostering climate justice through litigation, serving as key actors i r climate mitigation and adaptation commitments.

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