Press Release
Climate-vulnerable developing nations could use international law to break the current deadlock in the intergovernmental negotiations on climate change by taking industrialised nations to court, says a paper published today (4 October) by the Foundation for International Environmental Law and Development (FIELD).
The publication comes as government officials from around the world gather in Tianjin, China for three days of negotiations under the United Nations Framework Convention on Climate Change (UNFCCC).
“A large part of the relevant legal literature suggests that the main polluting nations can be held responsible under international law for the harmful effects of their greenhouse-gas emissions,” says the paper’s author, lawyer Christoph Schwarte.
“As a result affected countries may have a substantive right to demand the cessation of a certain amount of emissions. In selected cases they also have the procedural means to pursue an inter-state litigation in an international judicial forum such as the International Court of Justice in The Hague.”
Schwarte’s paper outlines a possible legal argument for such a lawsuit and offers some observations on the potential impacts of bringing a case before an international court or tribunal.
While there are various substantive and procedural legal hurdles, under certain circumstances litigation under public international law would be possible and could become a bargaining chip in the negotiations.
“Today, a credible case for inter-state litigation on climate change can be made,” says Schwarte. “Developing country governments are understandably reluctant to challenge any of the big donor nations in an international court or tribunal. But this may change once the impacts of climate change become even more visible and an adequate agreement remains wanting.”
FIELD analyzed the current legal discourse and has summarized its findings in a longer working paper, which it has made available online as an open wiki document to allow legal academics and practitioners to comment on, criticise or strengthen the arguments.
“While international judicial organs are unlikely to issue hard hitting judgments, climate change litigation may help to create the political pressure and third-party guidance required to re-invigorate the international negotiations, within or outside the UNFCCC,” says Schwarte.
Since the failed Copenhagen summit in 2009, there has been limited progress in the UNFCCC climate negotiations. At the current rate of progress, a new legal framework and ambitious emission reductions look unlikely in the near-term.
As a result billions of extra tons of carbon dioxide and other greenhouse gases will be released into the atmosphere, and many scientists warn that this means global temperatures could rise by 4 degrees Celsius by the end of the century.
Joy Hyvarinen, Director of FIELD says ‘Progress in the international climate change negotiations is nowhere near enough to reduce greenhouse gas emissions to a safe level. Something new is needed to push the negotiations forward. Perhaps an international court case could help bring new momentum to the negotiations.’
Christoph Schwarte’s paper is attached here in PDF format (under embargo until 4 October 2010)
For requests for interviews, details of the longer wiki paper, and any other substantive information, please contact Mike Shanahan or Christoph Schwarte.
Email: christoph.schwarte@field.org.uk
Phone: +44 (0)20 7872 7200
Mobile: +44 (0)7903701287
Email: mike.shanahan@iied.org
Phone: +44 (0)207 3882117
NOTES TO EDITORS:
The Foundation for International Environmental Law and Development (FIELD) is a group of public international lawyers based in London working towards a fair, effective and accessible system of international law that protects the global environment and promotes sustainable development. In connection with the UNFCCC negotiations, FIELD lawyers provide support and assistance to negotiators from developing countries.
FIELD is a subsidiary of the International Institute for Environment and Development (IIED).
The climate change meeting in Tianjin (China) from 4 to 9 October 2010 comprises the 12th session of the Ad hoc Working Group on Long term Cooperative Action (AWG-LCA) and the 14th session of the Ad hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol (AWG-KP). Their main purpose is to prepare the 16th Meeting of the Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) in Cancun (Mexico) in December 2010.
ENDS
Mike Shanahan
Press officer
International Institute for Environment and Development
3 Endsleigh Street
London WC1H 0DD
Tel: 44 (0) 207 388 2117
Fax: 44 (0) 207 388 2826
Email: mike.shanahan@iied.org