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Jurist UN calls on member states to adapt justice systems to climate-related disputes

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Dadparvar

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Nov 11, 2016
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The UN Special Rapporteur on the independence of judges and lawyers, Margaret Satterthwaite, stated on Thursday that the existential threat and urgency of climate change require justice systems that are adequately adapted to address these issues, calling on justice actors to “rise to the challenge.”

Margaret Satterthwaite presented a report to the UN General Assembly that examines the challenges faced by legal practitioners and judges in upholding or enforcing the obligations of states and private actors to prevent environmental damage. On this issue, she noted that although the UN system, including treaties and declarations, requires states to take all the necessary measures to prevent environmental harm, justice systems face various impediments when they are asked to fulfill their role in upholding states’ climate commitments.

In her report, the special rapporteur explained that despite the urgency of the response to climate change, powerful political and economic actors, such as populist movements that prioritize elite enrichment, resource extraction industries, and fossil-fuel companies, engage in aggressive deregulation and disinformation campaigns to cast doubt about climate science and deny the urgency of climate issues, which undermines both climate action and access to justice. She stated that these practices hinder judicial authorities in ensuring the fulfillment of climate commitments and the protection of individuals’ rights, exposing them to threats, pressure, public scrutiny, and even attacks.

Additionally, Satterthwaite highlighted that justice systems face additional challenges due to the inadequacy of traditional rules of legal standing, evidence, and procedures to tackle climate-related cases, which often involve diffuse and accumulated environmental harm, alongside involving economic and political interests. Therefore, justice workers handling environmental cases require resources, special training, and opportunities for international cooperation and coordination.

Consequently, the special rapporteur issued a set of recommendations to support justice systems worldwide in properly exercising their duties and holding accountable those responsible for environmental harm without fear. These recommendations include enhancing judicial independence, encouraging judicial and prosecutorial coordination on environmental cases across jurisdictions through sharing training materials and leading verdicts on environmental harms with other judiciaries, providing specialized education for legal practitioners, establishing specialized tribunals for climate-related cases, and adapting legal norms in ordinary proceedings and effective remedies to the specificities of these cases.

There has been a growing number of cases and law enforcement operations related to environmental pollution aiming to establish the responsibility of companies and state actors for environmental harm to entire communities. Meanwhile, climate-related events, such as rising temperatures, deteriorating oceans, and water pollution, continue to emerge.

In January 2026, the Hague District Court ordered the Dutch government to adopt adequate measures to protect Bonaire, a Caribbean island, after failing to meet the Netherlands’ international obligations on climate change. Additionally, an Interpol-led operation in the Amazon resulted in the arrest of nearly 200 people involved in illegal gold mining in the region. In March, a court in Thailand held a gold mine operator liable for environmental damages and adverse health impacts, in a ruling described as a landmark environmental class action. The UN has also emphasized the urgent need for all countries to align and increase their efforts to address climate change and its impacts.

The post UN calls on member states to adapt justice systems to climate-related disputes appeared first on JURIST - News.

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