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Thursday, 20 February 2020 - 5.00pm
Location: 
Lauterpacht Centre for International Law, Finley Library

Time: 5.00 pm - 6.00 pm

 

  • Major Climate Litigation Cases Around the World
  • Changing Litigation Rules: the new International Bar Association “Model Statute for Proceedings Challenging Government Failures to act on Climate Change

 

Guest Speakers:

Hon. Brian J. Preston Chief Judge of the Land and Environment Court, New South Wales, Australia.

David Estrin, Co-Chair, IBA Task Force on Climate Change Justice and Human Rights, Certified Environmental Law Specialist, Distinguished Adjunct Professor, Osgoode Hall Law School, York University, Toronto, Canada.

This session will provide an opportunity to hear from experts and discuss the latest world-wide developments and trends in climate litigation as well the new IBA Model Statute being released in February, 2020 designed to open clear pathways for individuals and communities to seek, and for domestic courts to better provide, appropriate remedies to overcome Government inaction on climate change. Too often in these types of cases, judges have found procedural, evidentiary and other issues that have prevented them from granting effective relief.   The speakers were co-chairs of an IBA expert working group that produced the Model Statute.  The Model Statute provides specific guidance for reforms that can facilitate future access to climate justice.  These include: (i) modifying the burden of proof based on acceptance of scientific conclusions of the IPCC and applying the precautionary principle; (ii) easing standing barriers and limiting citizen liability for court costs; (iii) restricting common defences used by governments to contest citizen climate inaction suits. 

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