Transboundary Climate Litigation and Constitutional Responsibility

This chapter examines how international climate commitments are incorporated into domestic law through constitutional environmental rights and how climate justice reshapes state accountability. It addresses the gap between non-binding agreements, such as the Paris Agreement, and the enforcement of constitutional provisions in rights-based climate litigation. Drawing on a comparative analysis of cases from Germany, Colombia, South Africa, and the Netherlands, it shows that courts increasingly treat environmental degradation as a violation of fundamental rights, including life, health, and intergenerational equity.The chapter argues that constitutional environmental rights are becoming enforceable legal norms and that judges rely on international principles to require stronger climate action. It also examines judicial and normative borrowing, highlighting the emergence of diagonal accountability in climate litigation. Finally, it calls for legal reforms to embed climate justice in national systems through constitutional recognition, procedural safeguards, and institutional mechanisms.