scholarly journals Litigating Climate Claims in India

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 45-50
Author(s):  
Shibani Ghosh

Jacqueline Peel and Jolene Lin's informative assessment of climate litigation in the Global South is a vital and timely contribution to the growing literature on the issue. It relies on a definition of climate litigation that allows the authors to draw on a much larger set of cases from the Global South by including cases in which climate concerns are “at the periphery.” This essay examines climate litigation in India. Although the term “global warming” started appearing in Indian environmental judgments in the 1990s, climate litigation in India is of relatively recent provenance, and with a few exceptions, climate concerns are peripheral to other, more mainstream environmental issues. Peel and Lin analyze five Indian cases as part of their Global South docket; I expand this set by including fourteen more cases that I believe fit their article's chosen definitional ambit. I classify these cases into four categories based on the use of climate language—reference to climate change, greenhouse gas (GHG) emissions, or the international negotiations—in the courts’ judgment. Drawing from case law analysis and Indian environmental litigation, I make observations about what we can interpret from the current set of climate cases, and I predict that while conditions are favorable for climate litigation in India to grow, in the near future climate claims are likely to remain peripheral issues.

Author(s):  
Joana Castro Pereira ◽  
Eduardo Viola

The signing of the United Nations Framework Convention on Climate Change (UNFCCC) by 154 nations at the Rio “Earth Summit” in 1992 marked the beginning of multilateral climate negotiations. Aiming for the “stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system,” the Convention divided parties according to different commitments and established the common but differentiated responsibilities and respective capabilities (CBDRRC) principle. In 1997, parties to the Convention adopted the Kyoto Protocol, which entered into force in 2005. The Protocol set internationally binding emission reduction targets based on a rigid interpretation of the CBDRRC principle. Different perceptions on a fair distribution of climate change mitigation costs hindered multilateral efforts to tackle the problem. Climate change proved a “super wicked” challenge (intricately linked to security, development, trade, water, energy, food, land use, transportation, etc.) and this fact led to a lack of consensus on the distribution of rights and responsibilities among countries. Indeed, since 1992, greenhouse gas concentrations in the atmosphere have increased significantly and the Kyoto Protocol did not reverse the trend. In 2009, a new political framework, the Copenhagen Accord, was signed. Although parties recognized the need to limit global warming to < 2°C to prevent dangerous climate change, they did not agree on a clear path toward a legally-binding treaty to succeed the Kyoto Protocol, whose first commitment period would end in 2012. A consensus would only be reached in 2015, when a new, partially legally-binding treaty—the Paris Climate Agreement—committing all parties to limit global warming to “well below 2°C” was finally signed. It came into force in November 2016. Described in many political, public, and academic contexts as a diplomatic success, the agreement suffers, however, from several limitations to its effectiveness. The nationally determined contributions that parties have presented thus far under the agreement would limit warming to approximately 3°C by 2100, placing the Earth at a potentially catastrophic level of climate change. Forces that resist the profound transformations necessary to stabilize the Earth’s climate dominate climate change governance. Throughout almost three decades of international negotiations, global greenhouse gas (GHG) emissions have increased substantially and at a rapid pace, and climate change has worsened significantly.


2012 ◽  
Vol 16 (2) ◽  
pp. 179-195
Author(s):  
Almut Beringer ◽  
Steven Douglas

Global climate change and its impacts have ethical dimensions, for instance carbon footprint equity concerns. World issues, including the state of the ecosphere and biodiver­sity, regularly see political leaders, NGOs, business representatives, religious/spiritual orga­nizations, academics, and others engage in international aviation-dependent meetings to address critical challenges facing humanity and the planet. Yet, climate scientists and advocates call for an 80% reduction in greenhouse gas (GHG) emissions by 2050 to cap the increase in global temperatures to 2ºC. Aviation emissions resulting from international meetings raise questions that are not silenced by GHG emissions offsetting. The era of climate change and ‘peak oil’ poses ethical challenges for holding international in-person religious and academic events, especially when the events propound an environmentalist concern and when aviation use is assumed. This paper raises ques­tions regarding the ecological impacts of large international events and focuses the ‘inconvenient truths’ associated with international aviation in the era of global warming. The Parliament of the World’s Religions, the largest multifaith gathering in the world, serves as a case study. The paper emphasizes the view that faith-based/faith-inspired organizations have a special responsibility for leadership in policy and praxis on the moral imperatives of sustainability, sustainable development and climate justice.


2005 ◽  
Vol 31 ◽  
pp. 279-309 ◽  
Author(s):  
Axel Gosseries

Evidence provided by the scientific community strongly suggests that limits should be placed on greenhouse gas (GHG) emissions. This means that states, firms, and individuals will have to face potentially serious burdens if they are to implement these limits. Which principles of justice should guide a global regime aimed at reducing greenhouse gas (GHG) emissions originating from human activities, and most notably from CO2 emissions? This is both a crucial and difficult question. Admittedly, perhaps this question is too ambitious, given the uncertainties and complexities characterizing the issue of climate change. Yet, rather than listing them all at this stage, let us address the question in a straightforward manner, introducing some of these complexities as the need arises.


Author(s):  
Farshid Zabihian ◽  
Alan S. Fung

Nowadays, the global climate change has been a worldwide concern and the greenhouse gases (GHG) emissions are considered as the primary cause of that. The United Nations Conference on Environment and Development (UNCED) divided countries into two groups: Annex I Parties and Non-Annex I Parties. Since Iran and all other countries in the Middle East are among Non-Annex I Parties, they are not required to submit annual GHG inventory report. However, the global climate change is a worldwide phenomenon so Middle Eastern countries should be involved and it is necessary to prepare such a report at least unofficially. In this paper the terminology and the methods to calculate GHG emissions will first be explained and then GHG emissions estimates for the Iranian power plants will be presented. Finally the results will be compared with GHG emissions from the Canadian electricity generation sector. The results for the Iranian power plants show that in 2005 greenhouse gas intensity for steam power plants, gas turbines and combined cycle power plants were 617, 773, and 462 g CO2eq/kWh, respectively with the overall intensity of 610 g CO2eq/kWh for all thermal power plants. This GHG intensity is directly depend on efficiency of power plants. Whereas, in 2004 GHG intensity for electricity generation sector in Canada for different fuels were as follows: Coal 1010, refined petroleum products 640, and natural gas 523 g CO2eq/kWh, which are comparable with same data for Iran. For average GHG intensity in the whole electricity generation sector the difference is much higher: Canada 222 vs. Iran 610g CO2eq/kWh. The reason is that in Canada a considerable portion of electricity is generated by hydro-electric and nuclear power plants in which they do not emit significant amount of GHG emissions. The average GHG intensity in electricity generation sector in Iran between 1995 and 2005 experienced 13% reduction. While in Canada at the same period of time there was 21% increase. However, the results demonstrate that still there are great potentials for GHG emissions reduction in Iran’s electricity generation sector.


2017 ◽  
Author(s):  
Homayoun Fathollahzadeh ◽  
Fabio Kaczala ◽  
Amit Bhatnagar ◽  
William Hogland

The main dilemma of contaminated sediments has been the proper management with reduced environmental footprints. Furthermore, by considering the fact that global warming and climate change may complicate the choice of management options, finding appropriate solutions become extremely critical. In the present work, mining of contaminated sediments to recover valuable constituents such as metals and nutrients is proposed as sustainable strategy, both through enhancing resilience of ecosystem and remediation. Contaminated sediments in the Oskarshamn harbor, southeast of Sweden were collected and analyzed through a modified sequential extraction in order to evaluate the feasibility of metals recovery. The results have shown that among different metals present in the sediments, Cu and Pb can be initially considered as economically feasible to recover. The shifting in the concept of dredging and further remediation of contaminated sediments towards sediment mining and recover of valuable metals can be considered in the near future as a sustainable strategy to tackle contaminated harbor/ports areas. However, it must be highlighted that short and long-term environmental impacts related to such activities should be addressed.


2020 ◽  
Vol 5 (1) ◽  
pp. 65-84
Author(s):  
Sumaira Nawaz ◽  
Dr. Shah Moeen ud Din Hashmi

Article endeavors to analyze the prophetic guiding principles regarding human behaviors related to plants and trees being an important component of our environment. The discussion mainly deals with the key environmental issues emphasizing plantation and its significance for balancing the equilibrium of the environment. Additionally, it thrashes out that humans are urged to seedling the plantation even the world is to be ended in Islam. The present study is delimited to the present ecological crises faced by society and a great challenge to the globe. The current ecological problems i.e global warming and climate change are interpreted just to analyze the environmental behaviors in Hadith literature. However, a profundity descriptive study has been conducted in the most influential way to examine the prophetic rules for human behaviors related to trees and plants being environment friendly. Furthermore, the existing practices of humans related to such an environmental sphere also been aptly figure out to highlight all possible ways in the light of prophetic guidance to deal with prevailing environmental issues. Inconsistency between religious teachings and human behaviors need the keen interest of religious scholars and social scientists to carefully harmonize both for maintaining the ecological balance in nature.


2021 ◽  
Vol 47 (2) ◽  
pp. 332-348
Author(s):  
Tariq Umar

Reduction in emissions is the key to tackle climate change issues and achieve environmental sustainability. The Gulf Cooperation Council member countries however, not only generate the highest quantity of MSW/capita when compared globally but also in most of these countries such waste is just dumped at different landfill stations. In Oman, the total quantity of MSW stood at 2.0 million tonnes/year. The emission from this waste is estimated at 2,989,467 tonnes/year (CO2 Equivalent). This article attempts to develop frameworks that considered landfilling, composting, and recycling of MSW and compared the emissions of these frameworks. The framework (F2) which proposes the landfilling and composting process for the organic waste which normally goes to landfills results in an increase of emissions by 7% as compared to landfill practice. Similarly, the samples of MSW collected in Oman show a good amount of recycling waste. The framework (F3) which considers the landfill, composting, and recycling reduced the total Greenhouse Gas emissions from 2,989,467 tonnes/year to 2,959,735 tonnes/year (CO2 Equivalent); representing a total reduction of 1% in emissions. Although composting increases the emissions, however, considering composting and recycling will not only reduce the burden on landfills but will promote agricultural and industrial activates.


2021 ◽  
pp. 1-10
Author(s):  
Eelco J. Rohling

This chapter outlines the challenge facing us. The Paris Agreement sets a target maximum of 2°C global warming and a preferred limit of 1.5°C. Yet, the subsequent combined national pledges for emission reduction suffice only for limiting warming to roughly 3°C. And because most nations are falling considerably short of meeting their pledges, even greater warming may become locked in. Something more drastic and wide-ranging is needed: a multi-pronged strategy. These different prongs to the climate-change solution are introduced in this chapter and explored one by one in the following chapters. First is rapid, massive reduction of greenhouse gas emissions. Second is implementation of ways to remove greenhouse gases from the atmosphere. Third may be increasing the reflectivity of Earth to incoming sunlight, to cool certain places down more rapidly. In addition, we need to protect ourselves from climate-change impacts that have already become inevitable.


2020 ◽  
Vol 45 (9) ◽  
pp. 744-745
Author(s):  
Mausam Kuvadia ◽  
Cynthia Eden Cummis ◽  
Gregory Liguori ◽  
Christopher L Wu

Volatile halogenated gases and nitrous oxide used as part of a balanced general anesthetic may contribute to global warming. By avoiding volatile inhalational agent use, regional anesthesia may reduce greenhouse gas emissions and help prevent global warming. We present a theoretical calculation of the potential benefits and a real-life example of how much regional anesthesia may reduce greenhouse gas emissions.


2020 ◽  
Vol 1 (2) ◽  
pp. 123-130
Author(s):  
Ronald C. Kramer

The Donald Trump administration has engaged in a number of crimes related to climate change. This article examines these climate crimes, in particular, the administration’s organized denial of global warming and its political omissions concerning the mitigation of greenhouse gas emissions that result in the rollback of existing regulatory policies related to the climate crisis. This criminality is explored through the lens of the concept of state–corporate crime, a concept utilized by a number of green criminologists to analyze environmental harms. The Trump administration’s rollback of climate change regulations is first located within its historical, political, and social contexts. Then, the specific actions and political omissions that constitute these rollbacks are described and analyzed as state–corporate environmental crimes.


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