Abstract

Climate change litigation in Chile represents the minority in climate-related cases analyzed by comparative literature. Effectively, the topic is more linked to the issue of adaptation than to mitigation, and the objective of the parties bringing forth legal actions and remedies is more related to making governmental agencies become aware of the deficiencies in their actions, in the new global context, marked by the impact and effects of climate change. This is where two jurisdictional intervention avenues stand out: the constitutional protection remedy and the environmental reparation remedy, related to the environmental liability set forth in Law No. 19,300. A comparative analysis of the regime of constitutional protection and that of environmental liability shows the suitability of the former and the limitations of the latter, in the context of a changing climate, especially in a country that is vulnerable and exposed to extreme climatic events (fires, algal blooms in the ocean, drought, and floods).