The China Mail - Courtrooms: a growing arena in the climate fight

USD -
AED 3.672504
AFN 66.503991
ALL 80.629676
AMD 365.091035
AOA 917.000367
ARS 1491.937897
AUD 1.417435
AWG 1.80125
AZN 1.70397
BAM 1.691649
BBD 2.00813
BDT 123.418242
BHD 0.375989
BIF 2985.079791
BMD 1
BND 1.277602
BOB 11.849673
BRL 5.083304
BSD 0.997016
BTN 94.875232
BWP 13.457596
BYN 2.968819
BYR 19600
BZD 2.00519
CAD 1.39545
CDF 2262.50392
CHF 0.80949
CLF 0.023206
CLP 913.315746
CNY 6.747604
CNH 6.743285
COP 3142.844787
CRC 453.228387
CUC 1
CUP 26.5
CVE 95.372573
CZK 20.982104
DJF 177.546166
DKK 6.46804
DOP 58.20179
DZD 132.308956
EGP 49.631449
ERN 15
ETB 160.923669
EUR 0.86495
FJD 2.20855
FKP 0.74148
GBP 0.742583
GEL 2.610391
GGP 0.74148
GHS 11.700039
GIP 0.74148
GMD 73.503851
GNF 8756.649224
GTQ 7.607144
GYD 208.588851
HKD 7.84315
HNL 26.723176
HRK 6.518804
HTG 130.363707
HUF 314.060388
IDR 17801
ILS 2.99985
IMP 0.74148
INR 95.210504
IQD 1306.058902
IRR 1375550.000352
ISK 123.340386
JEP 0.74148
JMD 158.335856
JOD 0.70904
JPY 157.80604
KES 129.014401
KGS 87.450384
KHR 4049.647537
KMF 426.00035
KRW 1407.860383
KWD 0.30866
KYD 0.830861
KZT 467.275008
LAK 22510.919863
LBP 89282.792025
LKR 334.420274
LRD 179.959348
LSL 16.197552
LTL 2.95274
LVL 0.60489
LYD 6.341738
MAD 9.29222
MDL 17.337716
MGA 4254.638239
MKD 53.215413
MMK 2099.549369
MNT 3595.852714
MOP 8.056654
MRU 40.080439
MUR 47.070378
MVR 15.450378
MWK 1728.841413
MXN 17.13645
MYR 4.090104
MZN 63.905039
NAD 16.197552
NGN 1364.860377
NIO 36.690741
NOK 9.51237
NPR 151.800372
NZD 1.701115
OMR 0.382693
PAB 0.997016
PEN 3.376465
PGK 4.406003
PHP 60.705038
PKR 276.796523
PLN 3.719205
PYG 5928.296501
QAR 3.644596
RON 4.536304
RSD 101.492021
RUB 81.598409
RWF 1466.072741
SAR 3.755591
SBD 8.065696
SCR 14.449077
SDG 600.503676
SEK 9.480804
SGD 1.278038
SLE 24.603667
SOS 569.822255
SRD 37.866504
STD 20697.981008
STN 21.191022
SVC 8.723782
SZL 16.194265
THB 33.050369
TJS 9.197509
TMT 3.51
TND 2.929032
TRY 47.697504
TTD 6.757774
TWD 32.250604
TZS 2639.622886
UAH 44.653894
UGX 3714.050945
UYU 40.133201
UZS 11924.058297
VES 755.762404
VND 26204.5
VUV 118.557141
WST 2.733716
XAF 567.363231
XAG 0.015731
XAU 0.00023
XCD 2.70255
XCG 1.796912
XDR 0.705618
XOF 567.363231
XPF 103.152705
YER 238.403589
ZAR 16.14632
ZMK 9001.203584
ZMW 18.818492
ZWL 321.999592
  • CMSC

    0.0240

    21.744

    +0.11%

  • CMSD

    -0.1600

    21.82

    -0.73%

  • JRI

    0.1500

    12.81

    +1.17%

  • BCC

    2.3400

    86.6

    +2.7%

  • BCE

    -0.0200

    22.75

    -0.09%

  • RIO

    1.4500

    101.1

    +1.43%

  • BTI

    0.6000

    59.33

    +1.01%

  • NGG

    0.4700

    80.88

    +0.58%

  • GSK

    0.7900

    52.96

    +1.49%

  • RBGPF

    0.7600

    70.5

    +1.08%

  • BP

    -0.6000

    41.63

    -1.44%

  • RYCEF

    0.2300

    20.85

    +1.1%

  • VOD

    0.1900

    16.19

    +1.17%

  • RELX

    0.0485

    35.52

    +0.14%

  • AZN

    1.4100

    161.42

    +0.87%

Courtrooms: a growing arena in the climate fight
Courtrooms: a growing arena in the climate fight / Photo: © AFP

Courtrooms: a growing arena in the climate fight

The battle against climate change is increasingly being fought in the courtroom, as national governments, specific laws and individual companies are targeted for their roles in the crisis.

Text size:

The cases have sometimes resulted in successfully influencing policy -- an outcome hoped for by the six Portuguese youths who have lodged a case against 32 countries at the European Court of Human Rights (ECHR), accusing the governments of moving too slowly.

Here is some key background and analyst commentary on climate lawsuits around the world:

- An explosion of lawsuits -

The number of court cases linked to climate change doubled between 2017 and 2022, according to the UN Environment Programme and Columbia University's Sabin Center for Climate Change Law.

There were more than 2,500 cases lodged worldwide as of mid-September, a Sabin Center tracker showed, with more than 1,600 in the United States.

Of the cases worldwide, 135 were brought in developing countries, including Small Island Developing States -- far-flung nations whose land is some of the most at-risk from climate change.

"Why is climate litigation still growing? Because the climate crisis is increasing in its intensity, its immediacy," Michael Burger, executive director of the Sabin Center, told AFP.

"And because government and corporate action is inadequate to meet the moment."

The number of cases being filed appears to have slowed over the past year, though it's still too early to tell for sure, according to the latest report from the Grantham Research Institute on Climate Change in London.

- Effectiveness -

Climate change litigation has affected the "outcome and ambition of climate governance," experts from the UN's Intergovernmental Panel on Climate Change (IPCC) wrote in a report last year, adding that successful cases also serve as a form of external pressure on governments.

Urgenda, an environmental organization in the Netherlands, notched a notable win at the Dutch Supreme Court in 2019, with justices ordering the government to reduce its greenhouse gas emissions by 25 percent by the end of the following year.

Government policies "that are explicitly linked to the case" were subsequently introduced, said Catherine Higham, a Grantham Research Institute policy fellow.

- Litigation 'cuts both ways' -

But a number of high-profile cases have been unsuccessful, and those seeking a greener future aren't the only ones filing lawsuits: high-emitting companies are starting to file suit against climate-friendly laws they don't like.

"Litigation cuts both ways," says Higham.

"Those that benefit from the status quo will do what they can to preserve their benefits, and that will include going to court," added Burger.

Additionally, activists can find themselves in the crosshairs of suits linked to disruptive protests, though "judges have generally taken the climate crisis" as well as the role of civil disobedience "into consideration in sentencing," according to a report from the UN Environment Programme.

- Companies targeted -

In addition to governments, companies themselves can also be the target of lawsuits, with litigants pressing for both compensation and a change in corporate behavior.

In another historic Dutch decision, Shell was ordered in 2021 to reduce its CO2 emissions by 45 percent by 2023 -- a decision the oil major is appealing.

A new strategy employed by climate change activists is to target "greenwashing," accusing companies or organizations of deceptive practices concealing their true environmental footprint.

FIFA is among those that have been accused of the practice.

- Stronger data -

Scientists are increasingly able to establish the links between climate change and individual extreme weather events, as well as the role of specific high-emitting industries, from oil extraction to mining to cement production, in climate change -- data that is often used in lawsuits.

A county in the northwestern US state of Oregon filed suit in June against multiple international oil majors, seeking $51 billion in damages after a deadly "heat dome" blanketed the northwest of the country in 2021.

- Human rights -

Human rights also take center stage in some cases, often concerning people's rights to health and well-being or to a clean environment.

These sorts of arguments are often made in cases before international tribunals, like the ECHR.

- Non-binding, but influential -

Even when decisions are non-binding, they can influence government attitudes and policies worldwide.

Activists are currently awaiting advisory opinions from the International Court of Justice and the International Tribunal for the Law of the Sea on the obligations of individual states in climate matters.

"Although such opinions are non-binding, they have great potential to shape the future development of climate change law," according to the Grantham Research Institute.

K.Leung--ThChM