ABSTRACT

Climate governance has evolved along two markedly different paths across the Atlantic.2 To fulfil its obligations under the Kyoto Protocol, the European Union (EU) has adopted a comprehensive set of climate law and policy instruments, which are at the forefront of the acquis communautaire.3 These instruments were developed with decisive inputs from nonstate actors, who have furthermore sought to influence their adoption and implementation by means of litigation. As this chapter will show, however, the scope for non-state actors to engage in this kind of litigation in the EU has been limited.