Analysis: Children can sue governments over climate change inaction, but don’t expect boom in Southeast Asia litigation
A Contested SUMMARY
The UN general commentsupports a developing trend of growth in climate lawsuits around the world, especially in the Global South – a term used to group poor or least developed countries including many in the Southeast Asia region.
According to statistics from the Sabin Center and the UN Environment Programme, there will be 2,180 legal cases worldwide in 2022, away from 885 in 2017.
The highest court in China issued a directive in February encouraging prosecutors to present weather cases to force businesses to abide by environmental laws and aid the country in achieving its decarbonization goals. & nbsp;
China-& nbsp; despite this approval for the court to hear cases on a variety of environmental issues; and usually the majority of the Asia region-& nbsp; is also putting off filing a lawsuit against climate change. & nbsp;
Just a little portion- 6 of the cases documented worldwide between 2017 and 2022. 6 percent of cases have their roots in Asia, with 12 circumstances in Indonesia being the highest in the area. & nbsp;
The country’s Commission on Human Rights found that fossil energy companies were responsible for climate damage in a high-profile event in the Philippines next year.
It implies that those businesses may be held legally responsible for the nation’s climate disasters if the commission determined that they deliberately contributed to climate change and posed” a clear threat to the right to arise.”
The Commission’s ruling may establish potential legal responsibility in any claim for loss and damage caused by climate change, even though it is not legally binding.
It was an exceptional achievement in what is still a limited area of local regulation firms’ target.
A stain and a dearth of scientific evidence that also surrounds climate change locally may be one of the causes. And according to experts, several governments view dispute as a barrier to economic growth because of climate actions.
According to Dr. Tigre,” I believe that in Asia and Africa, most litigators prefer not to use that vocabulary of climate change precisely because they feel that it might hurt their cases.”
In fact, experts concur that bringing climate litigation to Southeast Asia continues to be a controversial and dangerous endeavor for anyone, let alone children.
“What we’re seeing now, is a lot of interest in trying to explore various pathways to hold governments and corporations accountable. But my sense is that you won’t get an explosion of litigation in Southeast Asia,” said Associate Professor Jolene Lin fromthe Faculty of Law at National University of Singapore, who is also director of its Asia Pacific Centre for Environmental Law.
Southeast Asia is never a closed-off area; Each individual nation differs slightly in terms of its legal framework, the circumstances, and the social environment in which prosecution will take place.
” Generally speaking, weather dispute is viewed as hostile to governments who believe they are being pushed to do more and held accountable for their inaction.” “”
Experts claim that even though the UN declaration is not legally binding, it may still have an impact on business behavior, federal legislation, and environmental protection for children.
According to Assoc Prof. Lin,” It is a very motivating growth because it opens up an additional possible route to support litigants’ says.” & nbsp;
It’s crucial to acknowledge the progress or creation of additional help, like a scaffolding process, when discussing the development of climate change litigation. The staging is increased as a result, she said. & nbsp;
Although these decisions from global organizations may not be legally binding, she explained that they are a crucial source of legal advice. & nbsp;
State typically prefer not to be perceived as outcasts. They may therefore want to at least appear to follow these rules. “”
