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  • 8 - Climate Change Litigation: A Possibility for Malaysia?

  • from Part III - Domestic Law and Domestic Adjudication
  • Edited by Jolene Lin, National University of Singapore, Douglas A. Kysar, Yale University, Connecticut
  • Book:
    Climate Change Litigation in the Asia Pacific
    Published online:
    06 November 2020
    Print publication:
    29 October 2020, pp 207-233

  • Summary

    While there has been global advancement in climate change litigation even amongst some developing countries, this is not currently the case in Malaysia. Even though Malaysia has shown its commitment to mitigating climate change by passing legislation and executing various policies relating to climate change, there has not been a single case brought to court on this issue. This situation is not surprising considering that environment-related lawsuits are still lacking, with only a small number of environmental cases ever been decided in Malaysia. While the litigious culture is not common among Malaysian society, factors such as the state of the judiciary, limited access to justice, limited environmental awareness, and limited recognition of environmental rights have further undermined litigation in the area of environment and climate change. This chapter aims to investigate Malaysia’s policy and law relating to climate change, and to identify areas of law which are potential tools which are directly or indirectly pertinent to climate change litigation.