It happens more and more often that climate activists stand before a court. Not because they have done anything illegal, such as blocking roads for trucks importing soy from the rainforest, or the entrance to a meat factory. Instead, it is because the activists themselves are suing large organizations or even the government for not doing enough or completely opposing the green transition. – There is a really exciting focus on climate and environment throughout the world. Due to the Paris Agreement, there is another legally binding global climate agreement that requires countries to report how they are in the process of reducing their CO2, says Henrik Andersen who is an associate professor at Copenhagen Business School Law and has researched climate law. An example of where one has succeeded is in Nepal. The Supreme Court in the country has stopped a construction project of a new airport, because climate activists argued that it affected the climate and the environment too much. In connection with the airport, 2.4 million trees were to be felled. It would have a major negative climate impact. Beyond that, it would have major consequences for the environment because Parsa National Park, which is rich in biodiversity, is on a par with the proposed construction site. The airport would also destroy several corridors for large animals, such as tigers and elephants, and also important water resources. The airport will most likely continue to be built, but in a location where local communities, trees and animals are not affected. – Climate change is here, and it is serious The climate activists’ struggle in Nepal is not unique. The world’s legal systems are seeing more and more environmental and climate – related cases. In 150 countries, there are green courts, which include provisions that recognize the right to a healthy environment or refer to a government duty to prevent environmental damage. Studies have shown a 15 percent improvement in the environment in countries with green courts. There are also several examples in the world, where nature gets the same rights as humans. For example, natural areas in New Zealand, Colombia and Australia. – The reason why climate activists are taken more seriously is because science has become better at proving climate change. I think it is becoming clear to people that climate change is here, and it is serious, says Henrik Andresen. – There is an increased focus on climate and environment, which means that there has also been a focus on how we become greener through laws and regulations. The new rules make it easier to sue organizations or governments that break them. Henrik Andresen is creating guiding principles that courts can rely on in climate court cases. It takes place through the European Law Institute (ELI), which is a non-governmental organization that aims to strengthen the European legal community. But it is not always easy. – We help courts handle climate court cases. By guiding how far the law goes in this. If you can prove that a company or government causes damage or violates tort law or human rights, then you have a good cause, he says. – The problem is if a company has large CO2 emissions, and it rises in the atmosphere and hits a completely different place. How do we then connect an island that has been flooded to a company in the US that pumps out CO2, he asks. The responsibility lies with the politicians The fighting is in full swing around the world. This year, seven people have been honored with the so-called Green Nobel Prize, which is an international prize for climate activism, for winning landmark climate law cases. The winners of the award include Chima Williams, who helped hold Shell responsible for oil spills in Nigeria. And Marjan Minnesma who threw the Dutch government in court, because of their passivity in the climate field – and won. Henrik Andersen thinks that it is exciting that there are more and more environmental and climate law cases, but that one should keep in mind that the responsibility lies with the legislative institutions. Not in the courts. – If a country is to become greener, it is the country’s politicians, who will make the necessary regulations for citizens and businesses, so that the country achieves the goals they have promised through the Paris Agreement, he says. – But the courts can say that the state has an obligation to do something, or do more than they do now and that individuals thus have rights such as living a life in safety. They can speed things up, because it forces politicians to take responsibility.
ttn-70
Activists around the world are taking the climate and environmental struggle to court
