Legal action as collective agency to protect climate

Climate is our largest common and climate change is the grand challenge of our time. However, this is still inadequately understood and climate change policies prioritise private economic interests at the expense of common good.
This paper explores legal action contributing towards contestation of current climate
change policies and the underlying power relations asking the question: How can legal action contribute to better understanding of climate as a common? It thereby brings the largely omitted ontological question of the private property right to pollute to the forefront and conceptualizes the legal action as collective agency in challenging this right to cause public harm. Moreover, legal action is seen as defending the precautionary principle and intergenerational justice, both of which are currently neglected central questions of climate change policies.
The study focuses on lawsuits against governments and corporations in EU that have a
potentially precedence-setting nature.