Can the Law Save the Planet?

Synopsis

(The focus paper is available to DOWNLOAD HERE)

Climate change law has emerged as a critical legal discipline in response to the global climate crisis. Unlike traditional laws that impose penalties for wrongdoing, these laws set obligations for governments and organisations to reduce carbon emissions and limit global warming to well below 2°C. Over 3,000 laws and regulations now exist worldwide, forming a framework for climate governance.

Rooted in international environmental law, climate change law began with the UN Framework Convention on Climate Change (1992), followed by the Kyoto Protocol (1997) and the landmark Paris Agreement (2015). The Paris Agreement introduced flexible, legally binding elements, requiring nations to submit and update Nationally Determined Contributions (NDCs) every five years, report progress transparently, and mobilise $100 billion annually for climate finance. It also mandates global stocktakes and adaptation planning, aiming to align financial flows with low-carbon development.

National legislation complements these efforts. For example, the UK’s Climate Change Act 2008 set binding emission targets and established oversight mechanisms. Courts have increasingly enforced climate obligations, as seen in Urgenda v Netherlands, where the government was ordered to cut emissions by 25% to protect human rights. Similarly, the Swiss Senior Women case (2024) marked the first international ruling that state inaction violates human rights. Other notable cases include Ogale and Bille v Shell, highlighting corporate accountability, and the West Cumbria Mining judgment, which reinforced stricter environmental assessments.

Despite progress, challenges persist enforcement gaps, political resistance, and unequal capacities among nations. Critics argue climate laws can impose economic burdens, threaten sovereignty, and face practical limitations. Supporters emphasise accountability, global cooperation, and moral responsibility to future generations, asserting that legal frameworks drive innovation, protect ecosystems, and prevent irreversible harm.

The debate centres on whether climate law should reflect ethical duties to future generations and if legal systems can capture these dimensions. While laws provide stability and enforceability, they must balance economic realities with intergenerational justice. Ultimately, climate change law is a cornerstone of global sustainability, translating scientific urgency into actionable policy and fostering international solidarity in the fight against climate change.

Question posed

“To what extent should climate change law reflect moral obligations to future generations, and can legal frameworks adequately capture the ethical dimensions of environmental stewardship?”

• This question invites discussion on:
• Intergenerational justice
• The limits of legal systems in addressing moral duties
• Whether laws can or should be shaped by ethical principles rather than economic or political interests

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Practical Details

(The focus paper is available to DOWNLOAD HERE)

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