The model statute―the first of its kind―provides detailed rationales, precedents and 23 specific articles for reforms to enable citizens to hold government to account for climate change inaction. It was launched this week at Doughty Street Chambers.
According to the IBA, there remain many legal hurdles for citizens challenging governments, including cases where governments have argued climate change is a policy issue and therefore cannot be ruled on by the courts. Establishing standing, where the litigating party demonstrates harm caused by the inaction, is difficult because the harm caused is widely disbursed around the planet. The cost of litigation is another difficulty for citizens, the IBA says.
IBA climate change justice and human rights task force co-chairs David Estrin and Baroness Helena Kennedy QC said their initial report ‘reminded its audience that failure to address the challenges posed by climate change will have devastating consequences for hundreds of millions around the globe’.
