Legal Reasoning in the Era of Climate Change: Overcoming Challenges in Integrating Science into Judicial Decision-Making

¹ School of Postgraduate, Universitas Diponegoro
² Faculty of Law, Universitas Diponegoro

^* Corresponding author: trilaksmiindreswari@lecturer.undip.ac.id

Abstract

Climate change is a dynamic global issue that impacts not only the environment but also the economy, society, and the law. Judges must play a critical role in the decision-making process by incorporating climate change science to guarantee that litigation outcomes are founded on precise and current scientific evidence. Nevertheless, the majority of judges are not yet adequately informed about climate change science, which underscores the necessity for them to conduct a critical analysis of the current scientific data and expert testimony. This paper examines the obstacles that judges encounter when assessing the reliability and relevance of climate change science, which is characterised by its rapid development and complexity. It also emphasises the growing integration of climate change science into various judicial processes, particularly in cases involving climate justice and environmental law. The paper highlights the importance of legal reasoning that incorporates climate change science to ensure fair and equitable legal outcomes. The legal system has the potential to actively contribute to resolving the climate crisis, as evidenced by the ground-breaking Urgenda case, which exemplifies judicial activism.