Damian Carrington, Environment Editor, explored the role of courts as “a new front line of climate action” and covered the Climate Principles for Enterprises in March 2018 for The Guardian.
“an international panel of senior judges concluded in January that many companies around the world may well already be in breach of existing laws in relation to their impact on climate change. “Very, very few enterprises currently meet their obligations – if they did [climate change] would mostly be solved,” said Jaap Spier, who was advocate general in the Dutch supreme court until 2016 and part of the panel that published the assessment.
Spier says judges are influenced by growing concerns in society, such as worries over climate change, and are increasingly likely to look favourably on climate litigation in coming years. “If you assume companies don’t [change] at some stage, I have not the slightest doubt that courts will understand that they must step in.”
“The Climate Principles for Enterprises are a valuable initiative which can help in achieving the Paris Agreement’s objectives and ultimately tackling climate change. I sincerely hope that this project will enjoy broad support.” Laurent Fabius, President of the Constitutional Council of France, Former Prime-Minister of France, Former Minister of Foreign Affairs and International Development of France during COP-21
“Climate change may be the greatest challenge that currently faces mankind. If it is to be solved it requires collective action. That creates a problem, because if collective action is to be successful, each individual needs to understand what his or her contribution is to be. And if that contribution is to be made, it needs to be, and to be seen to be fair amongst all participants. Scientists agree that we need to keep the temperature rise to two degrees. But what does that mean for way we run those enterprises that are the engine of the global economy? If we leave it for every company to invent their own rules, it will take enormous effort, and it is unlikely that all will agree that each has contributed their fair share. That is why this document is of such importance. Here in less than 3,000 words, some of the world’s most eminent lawyers have laid out a simple set of rules.” David Pitt-Watson, Former Chair UN Environment Program Finance Initiative
“The Climate Principles for Enterprises provide a very explicit and easy to follow mandate for corporates to incorporate the imperatives of reducing carbon emissions into their planning, management and reporting. The simplicity of the document serves only to highlight the sophistication of its drafting and the power of its message.” Ashok Khosla, Chairman, Development Alternatives; Past Chairman, UN’s International Resource Panel; Past President, IUCN and the Club of Rome
The Climate Principles for Enterprises “provide a solid framework for identifying the obligations of all businesses to reduce their greenhouse emissions in line with national targets that are sufficient to meet the two degree goal. Businesses that reduce their total emissions in line with these principles are likely to avoid the risk of future litigation and liability for contributing to the loss and damage from climate change.” James Thornton, CEO of Client Earth
“The Principles on Climate Obligations of Enterprises are impressive, well-conceived, and well-constructed. I am glad to endorse them.” Parvez Hassan, Senior Advocate of the Supreme Court of Pakistan; President of the Pakistan Environmental Law Association; former Chairman, IUCN World Commission on Environmental Law
“Finally, the Oslo Principles, although not endorsed by the UN or binding on any states, contain a useful framework for conceptualizing state obligations in this context [domestic mitigation obligations]. The principles explicitly reference the need to protect human rights and clarify the obligations that states have to reduce GHG emissions, taking into account cost and other factors” “[I]t is worth noting that non-state obligations with respect to human rights are also outlined in the Oslo Principles (which deal specifically with climate change)” UN Environment in cooperation with the Sabin Center for Climate Change Law at Columbia University, Climate Change and Human Rights, 2015, p.24-29
by Ganesh Sahathevan NSW AG Mark Speakman defending his Cronulla seat In 2013 the then NSW Minister for Finance Greg Pearce was sacked by the then NSW Premier Barry O'Farrell for not disclosing a conflict of interest when he appointed the former Sydney University General Counsel Richard Fisher to the board of Sydney Water. Fairfax Media reported the details: Fairfax Media has been told the lawyer Richard Fisher ''picked up the tab'' for the party to celebrate Mr Pearce's marriage to Shauna Jarrett, which was held a year before the Coalition took power in NSW and Mr Pearce became minister for finance and services. It has emerged that Ms Jarrett reports to Mr Fisher at the University of Sydney, where he is the general counsel. This was not disclosed to cabinet before it endorsed Mr Fisher's appointment in what Mr O'Farrell described as a ''clear breach'' of the ministerial code of conduct. Mr O'Farrell said he dismissed Mr Pe...
by Ganesh Sahathevan In the recent Federal Court Australia decision in Faruqi v Hanson Mr Justice Angus Morkel Stewart (Stewart J) found at [242]: I am comfortably satisfied that both groups of people in Australia that I have identified, being persons of colour who are migrants or of relatively recent migrant heritage and persons of colour who are Muslim, are reasonably likely, in all the circumstances, to have been offended (ie profoundly and seriously), insulted, humiliated and intimidated by Senator (Pauline ) Hanson’s tweet. The case concerned a tweet that One Nation leader Pauline Hanson directed at Deputy Greens leader Senator Mehreen Faruqi. Mehreen is Pakistani Muslim who continues to advocate for Pakistan as a senator of the Senate, Parliament Of Australia. Senator Hanson wrote in her tweet "piss off back to Pakistan" after Senator Faruqi commented on the death of Queen Elizabeth II. While Stewart J's has hand...
by Ganesh Sahathevan The above has been extracted from the latest College Of Law Ltd's annual report. The substantial government funding is provided via the Commonwealth's FEE HELP facility. The Practical Legal Training (PLT) which the College runs, and which is a prerequisite for admission to practise in NSW, has the imprimatur of the Chief Justice NSW, Tom Bathurst, in his capacity as Chairman of the the NSW Legal Profession Admission Board. College Academic Director Lewis Patrick has said that in assessing the work experience component of the PLT " the College is not assessing the quality of (the student's) work experience, but rather the quality of (the student's) reflections on that experience . The College's PLT course is now mostly on-line, and there are problems with delivery and infrastructure. Its FEE HELP cashflow is being utilised to finance its expansion overseas. TO BE READ WITH Fa...
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