Climate change litigation and shipping: taking stock

Background

Climate change litigation is on the rise, with more than 2,300 cases filed worldwide to date. The International Chamber of Shipping (ICS), has warned that the increasing trend and scope of climate change litigation could spell a new legal risk for shipping companies and directors. 

It’s no surprise that shipping companies are getting hit by legal action. Air and water pollution, and threats to biodiversity, are just some of the consequences of their activities. Instead of genuinely addressing these issues, some corporations hide behind greenwashing initiatives. This, too, has led to more court cases. 

While some attention has been given to the important question of how climate change litigation could affect the shipping industry, this briefing explores how it’s already affecting the industry and reflects on the broader lessons and impacts of this kind of legal action. 

The scale of the problem

• International shipping carries over 80% of global trade.
• International shipping is responsible for around 3% of global greenhouse gas emissions.
• According to projections, emissions could increase by up to 130% by 2050 compared to 2008 levels.
• Cases of greenwashing within shipping are on the rise, prompting legal action. Corporate greenwashing is a problem across all sectors. A 2021 European Commission study found that 42% of green claims on corporate websites lacked evidence. 

What’s covered in the report?

This new briefing, Climate change litigation and shipping: taking stock, identifies more than 30 cases targeting the shipping sector – evidence of the mounting legal pressure on the industry to decarbonise. These fall under a range of categories:

• Many of the climate change cases targeting the shipping sector focus on permissions and approvals granted to shipping-related projects. These cases demand that climate impacts, such as air pollution and threats to biodiversity, are considered before permits or approvals are given. 
• Greenwashing is emerging as a key issue in corporate climate change cases that specifically tackle shipping’s climate impacts.
• When it comes to ports, those bringing cases are not only challenging inadequate climate mitigation measures, but also the failure to adapt critical port infrastructure to the physical risks of climate change. 

These cases show that if shipping companies take real steps to reduce their environmental impact, it will be a win not just for them, but for the climate as well. 

Learn more by reading our briefing in full.