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 non-state 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.