Abstract
This article delves into the intersection of environmental litigation, corporate accountability, and the urgent global challenge of climate change. Focused on the ClientEarth v Shell plc. (UK) case, it explores the evolving role of courts in holding companies responsible for their contributions to climate risks. Despite efforts to integrate environmental, social, and governance (ESG) criteria into corporate decision-making, the article reveals a significant gap between legal interpretations of UK company law and broader societal objectives. The case's procedural intricacies and the court's reluctance to intervene in internal corporate governance processes underline the limitations of current legal frameworks in addressing climate externalities. Emphasizing the theoretical misalignment of company law with sustainability, the article contends that either corporate directors must incorporate broader societal perspectives into decision-making, or a fundamental reform of company law is imperative. However, it acknowledges the challenges of reform within the existing capitalist paradigm, where directors grapple with conflicting pressures. Ultimately, the ClientEarth case prompts critical reflections on the efficacy of legal mechanisms in mitigating climate change and the illusory promise of company law in promoting broader societal interests.
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