Climate Change Legislation, Litigation and the Rule of Law
This half day event, took place during COP26 in Glasgow, featuring leading experts in climate litigation and legislation. They addressed issues related to climate change legislation, litigation and the rule of law.
The event built on discussions initiated during a two day series of events held in July as part of London Climate Action Week, during which panellists and audience members highlighted key outstanding questions regarding the critical role that law must play in ensuring the implementation of the Paris Agreement and advancing climate action. A synthesis report from the July events can be found here.
Audio recordings of most of the sessions are available below. Please note that this event was held in hybrid format and the quality of the audio files is varied.
Agenda
1:00-1:15
Welcome remarks, Kathryn McKenzie, Strathclyde Centre for Environmental Law and Governance, and official launch of the Climate Change Litigation Initiative – download presentation
1:15-2:30 (Level 1 Auditorium)
First plenary: How can legislation and litigation help implement the Paris Agreement – COP26 and beyond
High-level discussion about climate legislation and litigation, and how can legislation and litigation help implement the Paris Agreement
Listen to the audio recording of this session
Chair: Lord Carnwath, Former Justice of the UK Supreme Court
Speakers:
Ayman Cherkaoui, IUCN, World Commission on Environmental Law
Lord Deben, Committee on Climate Change
Tessa Khan, Uplift
Jolene Lin, National University of Singapore – download presentation
Sandra Nichols Thiam, Environmental Law Institute
Baroness Bryony Worthington, WWF
3:00-4:30 – Parallel sessions
Domestic litigation
This session explored cross-cutting themes and trends in domestic climate litigation (i.e. human rights turn, the role of science, causation, political doctrine, etc.)
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Chair: Joana Setzer, Grantham Research Institute on Climate Change and the Environment
Discussant: Korey Silverman-Roati, Sabin Center for Climate Change Law
Speakers:
Sarah Mead, World Commission on Environmental Law
Melinda Janki, International lawyer, Counsel in Thomas v EPA, Guyana
Suely Araújo, Climate Observatory, Brazil
Nigel Brook, Clyde & Co
Carrol Muffet, Center for International Environmental Law
International & regional litigation
This session explored the extent to which international courts, commissions, committees and arbitration courts are well suited to deal with climate change
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Chair: Lydia Omuko-Jung Strathclyde Centre for Environmental Law and Governance
Discussant: Lisa Vanhala, University College London
Speakers:
Wendy Miles QC, Twenty Essex
Ingrid Gubbay, Hausfeld
Nikki Reisch, Center for International Environmental Law
Cesar Rodriguez Garavito, NYU School of Law
The role of legislation
This session explored the importance and key elements of an effective legislative framework that translates commitments into domestic legislation, including a discussion of the emerging practice of Climate Constitutionalism.
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Chair: Alina Averchenkova, Grantham Research Institute on Climate Change and the Environment
Discussant: Tedd Moya Mose, Oxford University
Speakers:
MP Soyoung Lee, National Assembly (South Korea)
MP Agnes Mulder, House of Representatives (Netherlands)
Thomas L Muinzer, University of Aberdeen
Vesselina Harlampieva, European Bank for Reconstruction and Development
Ellie Gold, ClientEarth
5:00-6:30
Second plenary: Effectiveness of Climate Change Litigation
This session reflected on the impact of climate change litigation (both domestic and international) on the overall fight against climate change. How do we define effectiveness? What makes a case successful? Where are we going in the right direction? Where are we not? How does this wave of climate litigation fit with the implementation of the Paris Agreement? Before hearing from the speakers, conference rapporteurs from the parallel sessions will be asked to share how effectiveness was addressed in the specific session they attended.
Listen to audio recording of this session
Chairs: Michael Mehling, University of Strathclyde
Justice Antonio Herman Benjamin, Justice of the High Court of Brazil
Speakers:
Christoph Schwarte, Legal Response Initiative
Alice Garton, Foundation for International Law and the Environment
Lisa Badum (Green Party), German Parliament (Bundestag)
Ellie Mulholland, The Chancery Lane Project
Hafijul Islam Khan, Centre for Climate Justice Bangladesh
Harro Van Asselt, University of Eastern Finland
Christina Voigt, IUCN, World Commission on Environmental Law