Climate Litigation Successes in 2024
Climate successes in the courtyards in 2024
Since its inception – until now – the year 2024 has witnessed remarkable success in the climate case and its defenders in many courts around the world. In April, for example, the European Court of Human Rights ruled that Switzerland had a responsibility under European law to combat climate change. In May, the United Nations International Tribunal for the Law of the Sea said that all countries have a legal obligation to protect the oceans from greenhouse gas emissions that cause global warming.
These were the latest victories in the ongoing legal climate battle over imposing measures to limit climate change. Perhaps these victories are one of the most prominent motivators that pay a lotFrom individuals and groups – even countries affected by climate change – to resort to the courts; To force governments and fossil fuel producers to take rapid and decisive action to address climate change; Therefore, experts say: The year 2024 will be a pivotal year in climate issues, given the large and multiple cases we see in various courts around the world.
Accelerating pace of litigation
Andrew Ryan, Deputy Director of the Law Department at the United Nations Environment Programme, said: “We have witnessed an accelerating wave of climate-related lawsuits in national and regional courtrooms, which we have noticed has accelerated steadily in the last seven years, but this year is of special importance, as these lawsuits have begun, for the first time, to make their way to the courts and tribunals.”International”.
Therefore, it is not surprising that a small island country like “Antigua and Barbuda” – located in the Caribbean Sea region – is at the forefront of countries fighting in the courts for the climate issue, as it supported the United Nations General Assembly’s resolution, which requests the International Court of Justice to intervene to ensure that countries fulfill their obligations related to confronting climate change.
It is worth noting that this small country is now suffering from increasingly severe weather. In 2017, Hurricane Irma devastated the country of 93,000 people, leaving it with a recovery bill of US$220 million. At the same time, warm waters have bleached many coral reefs, while rising sea waters have eroded beaches and damaged the tourism industry, a major source of national income in this country.The small country.
A report issued by the United Nations Environment Program last year revealed that the number of litigation cases regarding climate change rose to 2,180 cases in 2022, compared to 884 cases in 2017. These cases varied between claims for failure to enforce climate-related laws and obligations, and attempts to eliminate thefossil fuel industry, Holding companies operating in this sector responsible for the damage caused to the environment.
The pursuit of climate justice
Groups seeking favorable climate rulings include countries such as Antigua and Barbuda, which are a key part of alliances such as the Alliance of Small Island States. These groups also include cities such as Paris and Brussels, and some civil society institutions.And indigenous people in many areas.
These groups are fighting in the judicial arena, to achieve climate justice, and to ensure that their vulnerability to the consequences of climate change is reduced, such as the threat to food security, the displacement of people from their homes, and the elimination of ecosystems that represent a basic source of income in many societies.
But the question that arises here is: Does the increase in the number of climate cases in various courts indicate the fact that international climate diplomacy has failed? We can answer this question by saying: The claim that this type of case would undermine the United Nations Framework Convention on Climate Change is just an attempt to distract attention, and litigation does not necessarily mean the failure of climate diplomacy, but rather both are necessary to achieve the goals.
Advances in Climate Diplomacy
It is too early to adopt a view that multilateral climate diplomacy has failed; Slow progress in achieving climate goals is still progress in the end, and many climate lawsuits focus largely on requiring governments to respond quickly that allows the goals of the Paris Agreement to be achieved.
We must also point out here that recent years have witnessed clear support for environmental laws and legislation, as 159 countries recognized the right to a clean, healthy, and sustainable environment in their legislation and constitutions. At the same time, environmental courts and tribunals in at least 67 countries have opened their doors to various lawsuits; This allowed local companies that violate the law and harm the environment to be sued.
Climate litigation has become a powerful tool whose impact increases over time, and examples of successful climate litigation calls are many, including – for example – the case brought by Greenpeace to question the constitutionality of Mexican policies that would limit the use of renewable energy, as the organization claimed that these policies could significantly undermine Mexico’s efforts to achieve reduction goals. emissions. This case – without a doubt – had a tangible role in Mexico reconsidering its policies.
Another example is the recognition by the Supreme Court in Brazil of the Paris Agreement, as a human rights treaty, with “supranational” status. That is, it has more power than national laws. On the other hand, a Dutch court ordered Shell Oil and Gas Company to comply with the Paris Agreement and reduce carbon dioxide emissions by 45% by 2030, in addition to…This is one of the important issues.
It can be said – in general – that climate litigation has become an important part of strategies to combat climate change and protect the environment. Because of the solutions it provides that work to push governments to fulfill their climate pledges, and enhance efforts working to achieve Sustainable Development Goals (SDGs).
