Sayfa 1Prof. Dr. Christina VOIGT…
Thank you so much for your kind introduction and for inviting me. It is a real honor…
Congratulations to the University of Kadir Has for having CCLLAB; it is an amazing…
Law is the tool that governs society; it governs interaction between individuals,…
I will talk about a very recent phenomenon when it comes to climate change law, and…
I will talk about this “turn to international courts” and what is happening there,…
Let’s turn to that puzzle that I mentioned. I think we can all agree that climate…
But it is primarily the projected changes, the ones that are still lying in the future,…
And where our collective profession matters. Climate change is a global challenge,…
Yet, international law is like this puzzle: it gives us a picture where we can already…
These are some of the missing pieces, and there are more, but just to give you an…
Or how about the legal recognition as climate refugees? In the 1951 Refugee Convention,…
Another open question was whether greenhouse gas emissions are pollution to the marine…
So let me very briefly turn to statistics in climate litigation. This is primarily…
Climate litigation is happening all over the world. It’s a global picture. We see…
A very helpful tool to follow all these cases worldwide are database, in particular…
And my last point here: there is so much happening, really thousands of cases, that…
Let me then turn to number three: filling the missing pieces and turning to international…
I will address the human rights treaty bodies engaged in some questions with respect…
Let me very briefly look into what the human rights treaty bodies are doing. These…
So, these are internal bodies that have been established to survey and watch over…
One example from 2019, which you may or may not have heard about. This is Mr. Teitiota…
So, he is a national of a tiny, small island state of Kiribati in the Pacific. About…
Now, he brought his case to the New Zealand court system and he lost everywhere,…
So we see the first small opening to the recognition of climate refugees; one little…
Another one: another claim brought by 16 children to the Committee on the Rights…
Now, the children did go directly to the Committee on the Rights of the Child; they…
And my last example from these human rights treaty bodies is this one, fairly recently,…
The Human Rights Committee found that because Australia was not taking effective…
From the Human Rights Treaty bodies, let’s now move to real courts. And here, of…
In order to have a case heard by a court, of course, you’re all lawyers, you know…
But if you happen to tick all the boxes and fulfill all the procedural requirements,…
The European Court of Human Rights has been doing that for many years, but mostly…
There were two more cases, but they were not admissible due to procedural reasons.…
The ECtHR is not the only regional court that is currently working on climate change.…
It’s a very progressive court who has always been in the forefront of anywhere else…
Now, let me turn to my final point: international courts. We see two more requests…
The court had to interpret the United Nations Convention on the Law of the Sea in…
And the final proceedings, the pinnacle of it all, is the International Court of…
The proceedings are currently in the written phase. There will be oral proceedings…
This is not all absolutely positive. There are also some risks with it. Sometimes…
Another question is, how do these court proceedings now relate to the multilateral…
Finally, there are also many benefits coming from these proceedings. Getting these…
There’s also much more attention now and consciousness about climate change because so many more people have now heard about these court proceedings and about what’s happening in Hamburg and in The Hague. My classes in climate change law have never been as full as now because now all my legal students suddenly see that climate change is actually a legal issue, not just something for politicians. Finally, there’s a heightened focus on the rule of law, but also the role of law in addressing climate change.Sayfa 13And that closes the circle to saying congratulations to having CCLLAB. And thank you. Thank you for being here and focusing on climate change and for having me here today. Thank you so much.Sayfa 14
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