Corporate Climate Responsibility and Strategic Responses in the Context of Climate Litigation: A Comparative Study of Judicial Cases in China and Europe

Yihan Chen

doi:10.47297/wspjclrWSP2516-249713.20250903

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Corporate Climate Responsibility and Strategic Responses in the Context of Climate Litigation: A Comparative Study of Judicial Cases in China and Europe

9卷第3期

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Corporate Climate Responsibility and Strategic Responses in the Context of Climate Litigation: A Comparative Study of Judicial Cases in China and Europe
Corporate Climate Responsibility and Strategic Responses in the Context of Climate Litigation: A Comparative Study of Judicial Cases in China and Europe
School of Management, Guizhou University, Guiyang, Guizhou, 550025, China
2025年9卷第3期页码：66-72
纸质出版：2025-09-30
DOI：10.47297/wspjclrWSP2516-249713.20250903
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(2025). Corporate Climate Responsibility and Strategic Responses in the Context of Climate Litigation: A Comparative Study of Judicial Cases in China and Europe. 商事法律评论（英文版）, 9(3), 66-72.

Chen Yihan.Corporate Climate Responsibility and Strategic Responses in the Context of Climate Litigation: A Comparative Study of Judicial Cases in China and Europe[J].Journal of Commercial Law Review,2025,09(03):66-72.
(2025). Corporate Climate Responsibility and Strategic Responses in the Context of Climate Litigation: A Comparative Study of Judicial Cases in China and Europe. 商事法律评论（英文版）, 9(3), 66-72. DOI： 10.47297/wspjclrWSP2516-249713.20250903.

Chen Yihan.Corporate Climate Responsibility and Strategic Responses in the Context of Climate Litigation: A Comparative Study of Judicial Cases in China and Europe[J].Journal of Commercial Law Review,2025,09(03):66-72. DOI： 10.47297/wspjclrWSP2516-249713.20250903.

摘要

Abstract

As global climate governance increasingly turns to judicial mechanisms

climate litigation has emerged as a pivotal force in defining corporate liability. This paper examines representative climate litigation cases from China and the European Union (EU) to address two core questions: first

how judicial rulings delineate corporate climate-related responsibilities; and second

how such legal interpretations shape corporate strategic responses. The analysis reveals that the EU has significantly expanded corporate "duty of care" obligations by creatively incorporating human rights principles into judicial reasoning

thereby establishing a robust mechanism that compels genuine low-carbon transitions. In contrast

climate litigation in China remains largely anchored in environmental administrative public interest litigation

where courts primarily assess the legality of governmental actions rather than directly assigning climate responsibilities to enterprises. This lack of clarity regarding corporate liability leads firms to adopt strategies focused predominantly on policy compliance.To address this gap

the paper proposes a "compliance-innovation" dual-track strategic framework tailored to the realities of Chinese enterprises

along with targeted recommendations grounded in judicial practice and policy reform. This study offers both theoretical insights and practical guidance for enterprises navigating risks and opportunities amid the rising tide of climate litigation.

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references

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