Lord Carnwath, a former UK Supreme Court Justice, delivered a lecture on February 15th at Cara Lodge, emphasising the pivotal role of the judiciary in enforcing environmental protections and holding governments accountable for climate action. He highlighted the progress made since the 2002 Global Judges’ Symposium and the importance of judges in bridging scientific knowledge and political action, particularly in the context of climate change.
Lord Carnwath discussed several landmark legal cases from common law jurisdictions, including the UK, New Zealand, and the US, that have addressed the environmental impacts of fossil fuel projects. He cited the Colombian "Future Generations" case, which upheld constitutional environmental protections, and the Finch case, where the UK Supreme Court ruled that oil developments must account for "scope 3 emissions" (emissions caused by the end users of fossil fuels).
He also referred to recent cases like Held v State of Montana, where the Montana Supreme Court ruled that the state violated constitutional rights by failing to account for climate impacts in fossil fuel projects, and Milieudefensie v Royal Dutch Shell, which held Shell responsible for reducing emissions. Lord Carnwath stressed the judiciary's essential role in translating scientific consensus into legal and political action, encouraging judges to adapt common law to address climate challenges.
He also discussed global climate efforts, including China’s judicial training on climate change litigation, and concluded by affirming the judiciary's responsibility in ensuring long-term, consistent climate action.
Source: Stabroek News
Access full lecture here
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