Summary: Climate justice raises a number of questions in terms of responsibility and reparation on the international scene, including whether international law is able to respond to the climate emergency, and if so, how. This project questions whether international courts (universal and/or regional) are well-positioned to answer these questions.
In light of the urgent global challenge posed by climate change, impacted individuals and communities are increasingly seeking recourse in international and regional courts and tribunals to clarify the rights and obligations of states amidst the climate crisis. These legal mechanisms span various domains of international law, from state responsibility to human rights and the law of the sea, and are tasked with defining the roles and responsibilities of diverse actors in addressing climate change.
Despite the growing number of climate-related cases brought before international judicial and parajudicial bodies, fundamental questions regarding accountability and reparative justice on the global stage persist. Can international law adequately address the climate emergency, and if so, how? This project explores these complex issues, aiming to develop a coherent theoretical framework for understanding and promoting inclusive international climate justice.
Key inquiries include examining the accessibility of international and regional legal avenues for non-governmental organizations and individuals affected by climate change, as well as analyzing the arguments presented by parties advocating for the right to reparations. Moreover, the project will closely scrutinize the conclusions reached by courts and tribunals on these matters.
Building upon initial research findings, the project’s second phase will delve deeper into the critical issue of reparations owed to victims of climate-related harm, and how states’ claims and non-state actors’ claims interact with each other.
The research project is funded by a Social Science and Humanities Research Council of Canada Partnership Engagement Grant.
Project’s Goals and Aims:
- The objective of the project is to take stock of this dynamic field of climate change litigation at the regional and international levels. The project focuses on how different framings of questions posed to these courts converge or diverge, including those related to the responsibility of states and other stakeholders in light of the climate crisis. The aim is to reflect on these courts’ contribution to the development of international climate change law, namely when defining remedies and other forms of redress and compensation.
- Through rigorous analysis and synthesis of legal precedents and emerging jurisprudence, the project endeavors to contribute valuable insights into the mechanisms for addressing the profound injustices wrought by climate change.
- Expanding beyond climate cases, we will look at human rights cases to theorize the question of remedies for climate change harms, since there are no cases yet that address reparation for the latter, related events. It will also address the nature and amount of compensation due to victims as a consequence of the damage caused to them as a result of a state’s conduct.
Contributors:
Project Leaders:
Miriam Cohen, Canada Research Chair in Human Rights and International Reparative Justice at Université de Montréal.
Vladyslav Lanovoy, Assistant Professor of Public International Law at Université Laval and expert in general international law, including responsibility of States and international organizations and the peaceful settlement of international disputes;
Armando Rocha, Professor of Public International Law at Universidade Católica Portuguesa, and expert in the law of the sea, climate change law, human rights law, and general international law;
Maria Antonia Tigre, Director of Global Climate Change Litigation at the Sabin Center for Climate Change Law at Columbia Law School
The complementary expertise of applicants and the partner GNHRE will ensure the partnership is fruitful and successful.
Research Assistants:
Camille Martini, PhD Candidate in International Climate Change Law at Université Laval and Aix-Marseille Université, Vanier Canada Graduate Scholar, and Attorney (State of New York).
Eneas Xavier – PhD Candidate in International Climate Change Law at Université de Montréal, environmental lawyer (Brazil), and expert in procedural rights, environmental law and climate change.
CALL FOR PAPERS: CLIMATE CHANGE AND REPARATIONS – DEADLINE JAN 15, 2025. SEE MORE HERE.