How is the law evolving in response to the climate crisis?

The climate crisis is a prevailing issue affecting populations worldwide, from its wide-ranging impacts on waste and pollution to its effects on water and biodiversity^[1]. Legislation policing climate change has evolved since the Rio Earth Summit in 1992, progressing under the establishment of the United Nations Framework Convention on Climate Change (UNFCCC) and the subsequent 2015 Paris Agreement^[2]. For law students, it is important to recognise not just the evolution of environmental law in an evolving legal landscape, but also the impacts of the climate crisis on law firms, where environmental policy and regulation must be factored into client advice to ensure compliance with evolving policy.

What international institutions, legislation and policy govern the climate crisis?

The progression of international regulations concerning climate change started with the creation of the Intergovernmental Panel on Climate Change (IPCC) in 1988, established to provide regular assessments on the scientific basis of climate change and options for adaptation and mitigation to inform international negotiations^[3][4]. The United Nations Conference on Environment and Development (UNCED) in 1992, widely addressed as the Rio Earth Summit, subsequently introduced the first blueprint and a broad agenda for international action on environmental issues, guiding development policy in the 21^st century through institutional rules and procedures^[5]. The United Nations established the UNFCCC in 1994, after it was first signed at the Rio Earth Summit, to further promote international action to stabilise greenhouse gas (GHG)^[6]. The UNFCCC signified a notable advancement in legislation, with the world’s first greenhouse gas emissions reduction treaty, the Kyoto Protocol, adopted by Parties to the UNFCCC in 1997, signifying a significant step in reducing GHG emissions in accordance with agreed individual targets^[7]. Since then, the establishment of the UNFCCC parties has led to further milestones, but most notably the 2015 Paris Agreement.

In 2016, the Paris Agreement to the United Nations Framework Convention on Climate Change was endorsed by the UK, which included the goal of maintaining the increase in global temperatures to “well below 2°C”, whilst aiming to limit the increase to 1.5°C above pre-industrial levels^[8]. The targets set by international legislation are increasingly accompanied by the implementation of domestic legislation, such as the Climate Change Act 2008, which established a legally binding target to reduce the UK’s GHG emissions by at least 80% in 2050 from 1990 levels.^[9]

How is UK law tackling climate change?

The Climate Change Act 2008 commits the UK government, by law, to: (1) reduce GHG emissions by 100% from their 1990 levels (net zero) by 2050; (2) set legally binding ‘carbon budgets’ to act as stepping stones towards the 2050 net zero target; and reduce emissions by at least 68% by 2030 and 78% by 2035⁸. To encourage further impact, these aims are increasingly accompanied by the implementation of domestic policy, with the Net Zero Strategy (Build Back Greener) acting as the Government’s main climate change policy document in October 2021^[10]. This document sets out policies and proposals for decarbonising all sectors of the UK economy to meet the Government’s net zero target by 2050, including a Ten Point Plan for a Green Industrial Revolution to create conditions and regulations to encourage the private sector and green industries^[11][12].

More recently, in 2025, two landmark opinions were issued by international courts, from the Inter-American Court of Human Rights Advisory (IACtHR), and the International Court of Justice (ICJ)^[13]. The IACtHR’s opinion set out the specific obligations of states to address the climate change crisis from a human rights perspective, including a requirement for states to allocate the maximum available resources to protect the most vulnerable populations^[14]. Similarly, the ICJ’s advisory opinion, while neither legally binding nor related to a specific dispute,  Although neither advisory opinion is binding, carries substantial political and legal weight to encourage state action against climate change. For example, in its 133-page advisory opinion, it confirmed the general rules of state responsibility apply to climate change (para 420) and recognised the human right to a clean, healthy and sustainable environment (which the UK does not treat as legally binding) (para 393)^[15]. The Opinions will also carry some political and diplomatic weight concerning the upcoming climate negotiations in Brazil as part of COP30 - the 30^th meeting of the Conference of the Parties to the UNFCCC^[16]. In particular, the IACtHr Court argued in its July 2025 Opinion that the private sector plays an ‘essential role’ in tackling climate change and identified concrete obligations for states to regulate it.

How are law firms adapting to the climate crisis?

Consequently, the impact of climate change on law extends beyond legislation and policy to corporate law firms and client advice, with environmental legislation imposing a necessity for competent and compliant business practice^[17]. To assist clients in reducing their impact in accordance with the IPCC recommendations, law firms will need to understand the climate change-related strategy, goals and transition plans of their organisation and clients to the same extent as their commercial and financial position^[18]. Conveyancers and commercial real estate lawyers need to be aware of the main climate risks, and both the needs of their clients alongside their organisation’s climate impact, to effectively advise on risks from flooding, fire, inaccessibility, insurability and availability of capital investment. Commercial lawyers will also need to address climate impact and risk in commercial agreements to ensure that risks are reduced or avoided.

In addition, some large organisations may be subject to mandatory GHG emissions or other climate-related reporting obligations, like the Limited Liability Partnerships (Energy and Carbon Report) Regulations 2018^[19], and related UK Environmental Reporting Guidance, which includes the disclosure of UK energy use and associated GHG emissions^[20]. The Law Society has also provided guidance to solicitors in the context of climate legal risks, referring to four general duties when advising clients. These include the duty to  (1) exercise reasonable care and skill (to consider whether climate legal risks are relevant), (2) warn about potential risks; (3) disclose all information material to the matter; and (4) ensure the service provided is competent and delivered promptly, potentially liaising with their client about seeking specialist third party assistance if required^[21].

What does this mean for the future?

The IPCC has confirmed in its Sixth Assessment Report that the deadly impacts of human-induced climate change are already occurring^[22]. Devastating global consequences have been predicted if changes are not made to limit warming to 1.5°C, with the magnitude of the climate crisis and associated risks depending strongly on responsive action. Consequently, there is increasing pressure for law firms to inform their decisions based on climate legislation and guidelines, guiding clients in line with their environmental objectives. Through advocacy or daily practice, solicitors can contribute to the changes necessary to tackle the climate crisis and provide a safe environment for future generations. For law students looking to enter legal practice, whether as solicitors, barristers or policy-makers in the international or domestic sphere, it is crucial to maintain a relevant understanding of climate-related issues given its impact on modern law and wider international policy.

Sources

^[1] ‘How Can the Law Fight Climate Change?’ (ClientEarth) <https://www.clientearth.org/latest/news/how-can-the-law-fight-climate-change/> accessed 12 November 2025

^[2] ‘What Is Climate Change Legislation?’ (Grantham Research Institute on climate change and the environment, 4 October 2022) <https://www.lse.ac.uk/granthaminstitute/explainers/what-is-climate-change-legislation/> accessed 12 November 2025

^[3] ‘About the IPCC’ (IPCC) <https://www.ipcc.ch/about/> accessed 12 November 2025

^[4] “IPCC — Intergovernmental Panel on Climate Change” (IPCC) <https://www.ipcc.ch/> accessed November 12, 2025

^[5] ‘United Nations Conference on Environment and Development, Rio de Janeiro, Brazil, 3-14 June 1992’ (United Nations) <https://www.un.org/en/conferences/environment/rio1992> accessed 12 November 2025

^[6] ‘UNFCCC -- 25 Years of Effort and Achievement’ (United Nations: Framework Convention on Climate Change) <https://unfccc.int/timeline/> accessed 12 November 2025

^[7] ‘The Kyoto Protocol’ (United Nations Climate Change) <https://unfccc.int/process-and-meetings/the-kyoto-protocol> accessed 12 November 2025

^[8] Climate Change Act 2008

^[9] ‘Climate Change’ (GOV.UK) <https://www.gov.uk/guidance/climate-change> accessed 12 November 2025

^[10] Department for Energy Security and Net Zero, Department for Business, Energy & Industrial Strategy, ‘Net Zero Strategy: Build Back Greener’ (Policy paper, 2021)

^[11] Department for Energy Security and Zero N, “Executive Summary” (GOV.UK, August 4, 2023) <https://www.gov.uk/government/publications/net-zero-strategy/executive-summary#the-ten-point-plan-for-a-green-industrial-revolution> accessed 12 November 2025

^[12] (Government policy on reaching net zero by 2050 - House of Commons Library) <https://commonslibrary.parliament.uk/research-briefings/cdp-2023-0124/> accessed 12 November 2025

^[13] W Lawrence, L Mistelis, L Williams , ‘The Development of International Law on Climate Change’ (Clyde & Co, 19 September 2025) <https://www.clydeco.com/en/insights/2025/09/the-development-of-international-law-on-climate-ch> accessed 12 November 2025

^[14] ‘Inter-American Court of Human Rights Takes a Landmark Step in Climate and Human Rights Jurisprudence: Implications for States and Private Actors’ (HSF Kramer, 4 August 2025) <https://www.hsfkramer.com/notes/latamlaw/2025-posts/inter-american-court-of-human-rights-takes-a-landmark-step-in-climate-and-human-rights-jurisprudence-implications-for-states-and-private-actors> accessed 25 November 2025

^[15] International Court of Justice Opinion 2025/36 on Obligations of States in respect of Climate Change [2025] OJ L 1

^[16] ‘About COP 30’ (United Nations Climate Change, 2025) <https://unfccc.int/cop30/about-cop30> accessed November 13, 2025

^[17] https://www.groundsure.com/why-climate-change-matters-to-law-firms/ ‘Why Climate Change Matters to Law Firms’ (Groundsure, 12 February 2025) <https://www.groundsure.com/why-climate-change-matters-to-law-firms/> accessed 12 November 2025

^[18] ‘Impact of Climate Change on Solicitors’ (The Law Society) <https://www.lawsociety.org.uk/topics/climate-change/impact-of-climate-change-on-solicitors> accessed 12 November 2025

^[19] The Companies (Directors’ Report) and Limited Liability Partnerships (Energy and Carbon Report) Regulations 2018

^[20] ‘The Law Society Publishes Guidance for Law Firms on Climate Change’ (Brabners) <https://www.brabners.com/insights/b-corp-sustainability/the-law-society-publishes-guidance-for-law-firms-on-climate-change> accessed 12 November 2025

^[21] ‘Creating a Climate-Conscious Approach to Legal Practice’ (The Law Society) <https://www.lawsociety.org.uk/topics/climate-change/creating-a-climate-conscious-approach-to-legal-practice> accessed 12 November 2025

^[22] “Sixth Assessment Report — IPCC” (IPCC) <https://www.ipcc.ch/assessment-report/ar6/>