The pro actione principle and international climate procedural law

Abstract

Efforts to address climate change and combat its adverse effects have led to the development of judicial proceedings—both domestic and international—in which these issues are at the core of climate-related actions. Courts, particularly international tribunals, have developed both substantive and procedural standards. The latter, taken together, may be said to contain the emerging foundations of an international climate procedural law, at the heart of which lies the principle of pro actione. This principle operates throughout all stages of the proceedings and is characterized by its flexibility regarding access to litigation, evidentiary standards, and remedies. The methodology employed in this study is the doctrinal legal method, based on documentary review. The main objective of this analysis is to determine, in light of recent international case law, the role of the pro actione principle in climate litigation, taking into account the particular characteristics of this type of litigation and the actors involved.