Climate Change & the Rule of Law

Climate Change & the Rule of Law

21 September 2015

Some of the world's leading judges, lawyers and legal academics met in London last week (17-19 September) for a special three-day symposium on climate change and adjudication, hosted by the Dickson Poon School of Law at King's College London, with the support of The UK Supreme Court, HM Government, the Journal of Environmental Law, the Asian Development Bank and the United Nations Environment Programme.

Court One packed for the event
Court One packed for the event

The London symposium, which welcomed over 25 eminent international jurists, legal practitioners and academics, was timed ahead of the UN climate change conference in Paris this December to explore the extent to which courts are equipped to deal with the breadth and complexity of problems thrown up by climate change, and what changes might be needed to ensure that legal systems can keep pace with increasing demands to resolve environmental disputes. Delegates discussed how the uncharted territory of developing 'climate change law' is highlighting significant challenges for courts in adjudicating disputes.

Philippe Sands QC delivering his lecture
Philippe Sands QC delivering his lecture

Lord Carnwath, Justice of the UK Supreme Court and member of the International Advisory Council for Environmental Justice of UNEP, led judicial engagement in the programme and arranged for use of the UK Supreme Court as one of the host venues for the event.

HRH The Prince of Wales was invited to write a message in support of the symposium. The message was read out to delegates on the first day of the conference.

The symposium included two events open to the public, one of which was staged at the Supreme Court. On the evening of 17 September, Professor Philippe Sands QC discussed with Professor James Crawford, Judge of the International Court of Justice, and Professor Lavanya Rajamani, Centre for Policy Research, New Delhi, the potential role of international judges and courts in addressing the legal issues relating to climate change. Over 100 guests packed Courtroom One to hear Professor Sands' lecture, the text of which is now available to download.

Lord Carnwath (left) and Philippe Sands QC
Lord Carnwath (left) and Philippe Sands QC

YouTube channel.The lecture and discussion chaired by Lord Carnwath, were live streamed via the UKSC website to hundreds of viewers worldwide and is now available to watch back on our

The following evening (18 September), Lord Carnwath discussed with international colleagues the experiences of domestic and specialist courts in dealing with climate change issues at a second public event, this time held at King's College. Lord Carnwath was joined for the discussion by distinguished jurists including Justice Brian J Preston, Chief Judge of the Land and Environment Court of New South Wales, Australia; Justice Swatanter Kumar, Chairperson of the National Green Tribunal, India, and Former Justice of the Indian Supreme Court; and Justice Antonio Benjamin, Justice of the National High Court of Brazil.

James Crawford, Judge of the International Court of Justice, offers comments following Professor Sands’ lecture
James Crawford, Judge of the International Court of Justice, offers comments following Professor Sands' lecture

The conclusions and findings from the symposium's discussions will form a brief statement of the legal issues created by climate change for adjudication, due to be published in the final issue of the Journal of Environmental Law of 2015. The conference organisers hope that this document will provide a framework in developing judicial responses to climate change.

Professor Liz Fisher, General Editor of the Journal of Environmental Law and Professor of Environmental Law at Oxford University, said: "the effectiveness of any international climate change treaty or legislative regime also depends on understanding how climate change challenges and disrupts our legal systems and how they respond. The framework we will produce will help our understanding in that process".

Professor Lavanya Rajamani, Centre for Policy Research, New Delhi, follows Professor Sands’ lecture with comments
Professor Lavanya Rajamani, Centre for Policy Research, New Delhi, follows Professor Sands' lecture with comments

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