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Calls mount for an international green court to pursue climate change battle
The global effort to stop global warming will not be binding among countries without an international green court.
Mr. Stephen Hockman, a British deputy High Court judge, presented this idea to an audience of politicians, scientists and legislators at the British Royal Museum. A number of world leaders like British Prime Minister Gordon Brown has considered the concept of an international court, commenting that it will be crucial in “making any international agreement on climate change binding”.
In December 2008, the United Nations Climate Change Conference in Poznań ended with a clear commitment from governments to shape an ambitious and effective international response to climate change, to be agreed in Copenhagen at the end of 2009.
Fearing that any international agreement on climate change is rendered toothless and fail to solicit strict compliance from countries, discussions are being made for the creation of a body similar to that of the International Court of Justice in The Hague. The body will try legal issues and cases relating to the environment and at the same time, enforce environmental agreements on countries.
This new body will be deputized to enforce international agreements on cutting greenhouse gas emissions set to be agreed next year. In addition, it would also fine countries or companies that fail to protect endangered species or degrade the natural environment and enforce the “right to a healthy environment”. Climate change experts, retired judges, and public figures will be leading the court. The court will include a scientific body to consider evidence and provide access to any data on the environment.
Green courts created in countries
The battle against climate change is being waged in courts in many countries. Environmentalists in the US and Australia have filed lawsuits against mining companies, carmakers and other industries which have resulted to imposition of mandatory curbs on emissions and has likewise placed pressure on companies to change policies.
In the Philippines, the Supreme Court has selected 117 trial courts as “environmental courts” to hear cases that involve violations of laws protecting the country’s natural resources.
In the Kingdom of Saudi Arabia, an environmental court and police are envisioned. Saudi Arabia is getting ready to host a 3-day international conference in July 2009 to review its national policies on the environment and to explore the feasibility of establishing a green police task force. It also plans to discuss the possibility of a school of environmental law to produce judges to rule on environmental cases to be referred by the environmental police.
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