Climate justice litigation against transnational corporations: the interconnections between the web of life and the web of accountability

Abstract

The worldwide impacts of climate change are defined as the worst threat humanity has ever faced. Through a decolonial lens, the present research aims to clarify if climate justice litigation provides a sufficient answer to the current lack of recognition of the interconnections between the web of life and the web of accountability, in which transnational corporations play a central role. To this end, the first chapter places the web of life in the dynamics of the current dominant socio-economic system, denouncing the destructive legacy of colonialism and capitalism. The second chapter introduces the climate governance scenario shaped by climate corporate (in)action, placing climate due diligence at the core of accountability for the private sector. The last chapter addresses the role of climate justice, particularly through litigation against transnational corporations. Lastly, it focuses on the promotion of an (un)just transition, grounded in decolonial epistemology. It concludes that climate change is a human-made product of a world shaped by the legacy of imperialism, colonialism and capitalism, which, in turn, are grounded in exploitation, extraction, misery, inequality and death. Legal frameworks and strategic litigation are not capable alone to bridge the gap between the web of life and the web of accountability. Societal change is crucial: the recognition of a common ground of responsibility of all humankind, differentiated by the roles played in the system, to promote a regenerative climate justice. Just transition means providing and adapting reconciliation to each singular context, as an inclusive approach grounded in environmental democracy. Key words: climate change; climate justice; business and human rights; transnational corporations; climate due diligence; climate litigation; just transition.