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December 01, 2008

Global Climate Court Could Embarrass Governments into Taking Action on Climate Change

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Governments will meet in Copenhagen next year to begin the long process of formulating the next Kyoto protocol. But how will we make sure that countries abide by their promises?

One idea being explored is an international body similar to the international Court of Justice in The Hague. The idea being put forward in the Telegraph by Stephen Hockman QC, a former chairman of the Bar Council, is that a legal body should be set up to be the supreme authority on issues relating to environmental damage and climate change.

An important role which he foresees this body fulfilling is the influence of public opinion. He is quoted as saying:

“If there are bodies around that can give definitive legal rulings that are accepted as fair and reasonable that has its own impact on public opinion.”

Although the court would be able to hand down sanctions or fines, it is also hoped that it would be able to shame or embarrass countries or companies into taking the appropriate action..

Court decisions would push many smaller issues into the headlines; It may prove more difficult to sweep things under the carpet after the court has delivered its verdict.

In addition to regulation of carbon emissions, the court would also be able to enforce the implementation of other international environmental agreements and legislation. This would provide a valuable platform on which communities such as those affected by Chevron in Ecuador would be able to fight big business for their right to a healthy environment (for more read: New Photo Book Proves That Chevron Caused Ecuador’s “Amazon Chernobyl”)

It is suggested that the court be led by retired judges with a contingent of climate scientists and public figures. There would also be a scientific body in order to access evidence and present data on the environment.

Image credit: Billogs at Flickr under a Creative Commons license

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