Further Legal Angles

There are many additional arguments and strategies to be tested and pursued at the court. Moreover, many ongoing developments spread hope about the future of climate change litigation. Below is a non-exhaustive list. Are you interested in taking any of these up?


 * Encouraging positive changes from within: For example, ‘In Poland, an environmental association bought shares in an energy company and sued the company as a shareholder from within (Client Earth v Enea). They claim that the Management Board and Supervisory Board’s decision to build a new coal power plant was a violation of fiduciary duties of care and a breach of the duty to act in the best interests of the companies and their shareholders, due to the climate-related financial risks of that power plant.’


 * Corporate and pension law: Risk disclosure, insurance and investment are key words here. Investors and companies can actively contribute to the fight against climate change.


 *  Professional Development of Judges
 * NGOs, like Client Earth create large scale change by training judges in environmental law and supporting the development of environmental courts, as for example in China.
 * The World Commission on Environmental Law is working to create and compile a ‘Best Practice guide for Judges and Courts’.


 * Human Rights and Climate Change: We are yet to see successful international cases brought to international courts and tribunals, such as the International Court of Justice, the International Criminal Court, or the Tribunal for the International Law of the Sea.


 * Intergenerational Equity: So far this is a concept within sustainable development and has been referred to in numerous high-level judgements. However, no climate cases have been decided on the basis of intergenerational equity alone.

Resources
Check out these pages and platforms and organizations to stay up-to-date
 * Climate litigation Network
 * Climate liability news
 * Pay Up Climate Polluters
 * Climate Docket
 * Sign Up for Newsletters by the Sabin Center at Columbia University