9 September 2015, Energy Post, The Urgenda judgment: a “victory” for the climate that is likely to backfire. The Dutch government has decided to appeal the widely publicised “Urgenda” ruling from the district court in The Hague, ordering the Netherlands to step up its climate change actions. According to Lucas Bergkamp, Partner at Hunton & Williams and Emeritus Professor of International Environmental Liability Law at Erasmus University Rotterdam, there are good reasons why we should hope that the court of appeals will overturn the ruling. According to Bergkamp, it sets a dangerous precedent for judicial activism, is inconsistent with European law and will even undermine international climate negotiations. Read More here
Category Archives: Equity & Social justice
27 August 2015, The Conversation, Teens sue Obama over climate, asking why future generations’ rights are not respected. This month’s decision by 21 young American citizens, mostly teenagers, to sue President Barack Obama and various branches of the US government over climate change has highlighted a crucial issue that is all too often overlooked: the tendency to value current generations’ well-being much more highly than that of future generations. The “youth plaintiffs”, aged between 8 and 19, argue that the US government has known for more than 50 years that carbon dioxide from fossil fuels is causing dangerous climate change, and yet has not prevented emissions from rising. Their lawsuit – filed in an Oregon district court and directed at Obama, the Department of Energy, the Department of State, the Environmental Protection Authority and others – argues that future US generations will disproportionately bear the cost of a destabilized climate, despite having the same constitutional right to freedom from harm as current generations. They are aiming to obtain a federal court order that would require the government to develop a plan to protect the atmosphere and climate system. Lead counsel Julia Olson said that the US federal government: “has a constitutional responsibility to leave a viable climate system for future generations. The Government has consciously chosen to endanger young people’s right to a stable climate system for the short-term economic interests of a few… This administration must no longer consign future generations to an uninhabitable planet.” Read More here
27 August 2015, UNHCR viewpoint: ‘Refugee’ or ‘migrant’ – Which is right? With almost 60 million people forcibly displaced globally and boat crossings of the Mediterranean in the headlines almost daily, it is becoming increasingly common to see the terms ‘refugee’ and ‘migrant’ being used interchangeably in media and public discourse. But is there a difference between the two, and does it matter? Yes, there is a difference, and it does matter. The two terms have distinct and different meanings, and confusing them leads to problems for both populations. Here’s why: Refugees are persons fleeing armed conflict or persecution. There were 19.5 million of them worldwide at the end of 2014. Their situation is often so perilous and intolerable that they cross national borders to seek safety in nearby countries, and thus become internationally recognized as “refugees” with access to assistance from States, UNHCR, and other organizations. They are so recognized precisely because it is too dangerous for them to return home, and they need sanctuary elsewhere. These are people for whom denial of asylum has potentially deadly consequences. Migrants choose to move not because of a direct threat of persecution or death, but mainly to improve their lives by finding work, or in some cases for education, family reunion, or other reasons. Unlike refugees who cannot safely return home, migrants face no such impediment to return. If they choose to return home, they will continue to receive the protection of their government….For individual governments, this distinction is important. Countries deal with migrants under their own immigration laws and processes. Countries deal with refugees through norms of refugee protection and asylum that are defined in both national legislation and international law. Countries have specific responsibilities towards anyone seeking asylum on their territories or at their borders. UNHCR helps countries deal with their asylum and refugee protection responsibilities…. Politics has a way of intervening in such debates. Conflating refugees and migrants can have serious consequences for the lives and safety of refugees. Blurring the two terms takes attention away from the specific legal protections refugees require. It can undermine public support for refugees and the institution of asylum at a time when more refugees need such protection than ever before. We need to treat all human beings with respect and dignity. We need to ensure that the human rights of migrants are respected. At the same time, we also need to provide an appropriate legal response for refugees, because of their particular predicament. Read More here
25 August 2015, The Conversation, Time for the ‘green tape’ debate to mature: jobs and the environment are not implacable foes. The highly charged debate over the proposed Carmichael coal mine, which culminated in Attorney-General George Brandis’s decision last week to propose winding back environmental legal protections, has exposed the simmering tension between “jobs” and “the environment” on Australia’s political landscape. On one hand, those seeking to invest in the development of Australia’s natural resources and jobs growth have been making a clear case that Australia’s system of assessment and approval for major projects is riddled with procedural uncertainty. On the other, environmental advocates and local communities feel that the current system does not adequately protect the environment – correctly pointing out Australia’s less than stellar record in preventing species from going extinct. As a nation, however, we need to lift our game on both fronts. Investors in the Australian economy and those seeking jobs and growth need certainty with regard to where and how they invest. Equally, to avoid warfare (or “lawfare”) on a project-by-project basis, Australia’s environmental advocates and local communities need certainty too. They need clarity about where and how economic development can occur without harming our environmental heritage. Read More here