Climate Litigation, Environmental Legislation and Human Rights Protection

The key aspects of climate litigation trends set the focus of the first day of the conference “When the Law Takes Over”. Compelling speeches and discussions afterwards triggered participants to question and answer the prospects of climate legal and juridical frameworks across the European Union, the globe and back to the Western Balkans. Fresh insights on the subjects, presented along with the reviews of the well-known and less-known international showcases, permeated the first conference day.

RERI was delighted to have Francesco Sindico, Professor of International Environmental Law and Co-Chair of the IUCN World Commission on Environmental Law Climate Change Specialist Group, and Ana Barreira, Lawyer and founding Director of the International Institute for Law and Environment, as keynote speakers at the introductory panel. Sindi Kuci, Climate Legislation and Litigation Researcher, and Roxana Mandrutiu, Lawyer and Partner at Revnic, Cristian & Associates,  joined them in a discussion at the insightful panel on trends and tactics on climate litigation that followed. 

The panelists provided an overview of different issues that will be addressed throughout the conference, highlighting the following: 

➡ Referring to the objectives set by the Paris Agreement, it is necessary to assess its implementation through a national legal and policy framework, as well as its potential to foster a coherent climate jurisprudence. 

➡ The potential impact of litigation is not just about the number of cases but also the significant influence that court rulings can have on shaping the landscape of climate cases and legal practice.

➡ There are growing linkages between climate litigation and human rights protection, and it is crucial to consider this intersection as we move forward.

➡ Civil society organizations play a crucial role in increasing the legitimacy and social acceptability of decision-making procedures, access to justice, and the improvement of environmental democracy.

➡ Recent rulings from the European Court of Human Rights highlight instances of inadequate measures to mitigate the impacts of climate change, signaling the need for greater accountability and action at both regional and international levels.

Shedding light on the critical structural aspects and roles in climate mitigation and risk management highlighted the considerable journey ahead. When discussing these roles, it is important not to overlook a few key factors – the role of civil society as a driver of change, the substantial value of legal framework as a generative mechanism, and finally, the growth of knowledge through deriving inventive legal ties to the lately developed climate legal field, which provides vitality and the just approach to raised global issues. This one falls under the lawyers’ and juridical roles. Then the law takes over.