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global climate litigation

The Oslo Principles

On 30 March 2015 the Oslo Principles on Global Climate Change Obligations were launched, formulated by an international group of eminent jurists, including High Court judges, law professors and advocates from countries such as Brazil, China, India, the US and the Netherlands. The Oslo principles hold that regardless of the existence of international agreements, governments already have a legal obligation to avert the harmful effects of climate change, based on existing international human rights law, environmental law and tort law.

The Oslo group endorses the arguments that Urgenda brings forward in its climate case and also provides support to initiatives in other countries to involve the courts in their efforts to contain climate change.

On April 8, Dutch daily newspaper Trouw published an extensive interview with Jaap Spier, Advocate-General to the Dutch Supreme Court, concerning the Oslo Principles and the Urgenda climate case. According to Spier, ‘Courts can force countries to adopt effective climate policies. Court cases are perhaps the only way to break through the political apathy about climate change.’
From the article: Does a judge need to be an activist in order to make a statement about climate change? “No”, says Spier, “it is just a matter of applying existing law, although undoubtedly not all judges will be open to this. Judges with the courage to give a ruling on this will one day be applauded, whereas those who don’t will eventually be tarred and feathered.”

An informal translation of the interview can be downloaded here. The Guardian published this piece on the Oslo principles by two legal experts.

Belgian Climate Case

Following the Dutch example, a group of well-known Belgians started legal proceedings against their government. For more information on that case, go to: www.klimaatzaak.be/en