Climate Justice Resources
Net Zero Toolkit for Contracts
The CHANCERY LANE PROJECT
The Chancery Lane Project (TCLP) is a collaborative effort of international legal professionals whose vision is a world where every contract enables solutions to climate change. TCPL creates new, practical contractual clauses ready to incorporate into law firm precedents and commercial agreements to deliver climate solutions.
The Net Zero Toolkit is a collection of clauses, glossary terms and tools which enable lawyers to align their work with a decarbonised economy, and a safe and habitable planet for us all.
The University of Queensland Law Journal: Special Issue on Climate Change, Law and Legal Education
the university of queensland law journal: vol. 40 no. 4 (2021)
From the foreword to the special edition, by Ben Batros, Director, Strategy for Humanity; and Director of Legal Strategy, Center for Climate Crime Analysis:
“The need for urgent action to address climate change is thus clear. While law cannot solve the climate crisis, lawyers can and must play an important part in our response. There are lawyers working to force governments to enhance and accelerate their decarbonization plans, suing corporations that continue to drive emissions, seeking justice for communities affected by the current and future impacts of climate change, and pushing investors to stop financing climate-destructive activities. Such climate litigation is growing, with the total number of cases globally doubling since 2015andthe number of ‘strategic’ cases that aim to bring about broader societal shifts is rising ‘dramatically’. The Australian legal community is playing an important part in this…
law schools have a wider obligation to prepare all of their students for practice. In addition to the demand for law graduates with expertise in climate change law, there will also be a much larger need for lawyers in other fields that are aware of the implications of climate change –‘climate literate’ or ‘climate conscious’ lawyers.”
Point: Lawyers have a role in responding to climate change
Opinion Editorial by Meredith James in the Canadian Bar Association National Magazine (May 2020)
James’ article is part of a point-counterpoint pair discussing the need for Canadian lawyers to recognize their role in adapting to and mitigating climate change. James calls for the Canadian Bar Association to adopt a resolution declaring a climate emergency and urging the legal profession to include climate change considerations in their advice to clients, similar to those passed by the International Bar Association and the American Bar Association detailed below. CBA members can view the proposed resolution here.
James argues that the transitions necessary to respond to climate change will require legal support across fields with legal reform informed by respect for human and Indigenous rights.
You can find Steve Major’s article Counterpoint: The case against the proposed CBA resolution for “climate justice” here.
Climate Crisis Statement and Resolution
International Bar Association (May 2020)
On May 5, 2020, the International Bar Association (IBA) passed the Climate Crisis Statement and Resolution, urging lawyers to consider taking a climate conscious approach in their legal practice in accordance with their professional ethical obligations and the rule of law. The Statement provides comprehensive suggestions for incorporating climate considerations in legal practice.
The IBA website contains a Climate Crisis page with many helpful resources, including reports, media, global insights and news, resources and the IBA Environment Policy. Lawyers, academics and other legal professionals can also join the IBA Climate Change Network forum or see the IBA Energy, Environment, Natural Resources and Infrastructure Law session here.
Model Statute for Proceedings Challenging Government Failure to Act on Climate Change
International Bar Association (Feb 2020)
The Model Statute highlights the role of litigation and courts in requiring governments to protect the public and the environment. The Model Statute provides rationales, precedents and specific Articles for reforms designed to help judges and policy-makers ensure the reduction of emissions in pursuit of climate justice.
Pro Bono Guide to the Climate Crisis
Australian Pro Bono Centre (2020)
The Guide aims to inform and inspire lawyers across the globe. It includes:
descriptions of 15 different ways that lawyers can get involved in pro bono work to help combat the climate crisis
a range of compelling case studies from around the world, and
advice on how to get started.
It is also available in Persian.
Lawyers for Climate Action - New Zealand (LCANZ)
Lawyers for Climate Action - New Zealand is a group of over 300 legal professionals from all fields who advocate for legislative and policy changes to reduce carbon emissions and achieve or exceed New Zealand’s Paris Agreement obligations.
LCANZ has made submissions to elected officials including Ministers and the Prime Minister on several climate policy topics.
On April 17th and April 30th 2020, LCANZ drafted letters to Prime Minister Jacinda Ardern submitting their opinion that New Zealand has a legal obligation to use COVID-19 fiscal stimulus funding to transition to a low-carbon and climate-resilient economy. LCANZ followed up with a further submission related to the COVID-19 Recovery (Fast-track Consenting) Bill which outlined concerns and suggestions.
LCANZ provided similar critique and suggestions to the Climate Change Response (Zero Carbon) Amendment Bill in July 2019 and called for urgent amendments to the Resource Management and Exclusive Economic Zone and Continental Shelf (Environmental Effects) Acts in October 2019.
Lawyers’ Role in Climate Change
Opinion Editorial by Jonathan Goldsmith, the Law Society Gazette (UK) (Nov 2019)
Goldsmith’s article discusses the global debate around appropriate remedies to address climate change, whether through legislative reform or litigation, and calls on lawyers to participate in finding the remedies needed for addressing the climate crisis.
Lawyers for Climate Justice Australia
Open Letter of the Law Council of Australia (Sept 2019)
Lawyers for Climate Justice Australia s a group of legal professionals and students who are considering how the legal system can be used effectively to address the climate crisis. In September 2019, they submitted an Open Letter to the Law Council of Australia urging the Law Council to declare a climate emergency and adopt measures encouraging the Australian legal community to participate in climate action.
See the list of supporting organizations current to February 2020 here.
Law Council of Australia Policy Statement on Sustainable Development (Sept 2019)
In September 2019, the Law Council of Australia released a Policy Statement on Sustainable Development. This document discusses key tenets of the rule of law and Australia’s resulting obligations related to the UN Sustainable Development Goals, including mitigating and adapting to climate change, arising from Australia’s international commitments. The Law Council recognizes its role in promoting the rule of law in Australia, and further commits to measures to support achieving the Sustainable Development Goals.
We’ve joined the call for the legal profession to respond to the climate crisis
Letter from Brendan Sydes, CEO, Environmental Justice Australia (EJA) (2019)
Environmental Justice Australia has signed Lawyers for Climate Justice Australia’s Open Letter to the Law Council of Australia demanding they recognize the climate emergency and the central role of the legal profession in responding to climate change.
American Bar Association Climate Change Resolution
American Bar Association House of Delegates (Aug 2019)
The American Bar Association adopted Resolution 111 in August 2019, urging lawyers to engage in pro bono activities assisting emissions reduction efforts and climate change adaptation, as well as including climate change considerations while advising clients. The Resolution also calls on American governments and Congress to recognize the climate crisis and transition to a low-carbon economy.
Climate change and a changing profession: What future will we choose?
Jordan Yochim’s opinion editorial in American Bar Association Bar Leader, vol 42, no 3 (Jan-Feb 2018)
Yochim’s article argues that the ranks of legal professionals, including lawyers, paralegals, and other non-practicing JD-holders, must increase to adapt to the challenges posed by climate change. Yochim argues that an expanded legal system will be critical to upholding human and collective rights threatened by climate change, and legal professionals must take a role in preventative planning to adapt to climate change impacts such as through policy and legislative reform.
Climate Change and Human Resources Policies Report
International Bar Association (Jun 2017)
The Climate Change and Human Resources Policies Report discusses structural changes required in the employment realm and training workforces to transition to low-carbon economies in a just transition.
International Union for Conservation of Nature Declaration on the Environmental Rule of Law
IUCN World Congress on Environmental Law, Rio de Janeiro (Apr 2016)
The IUCN has declared that “strengthening the rule of law is critical to protecting environmental, social and cultural values” and achieving sustainable development, recognizing that judges and courts play a pivotal role in the effective application of environmental laws. This requires robust institutions and a legal profession committed to upholding the rule of law as it applies to our environments.
The IUCN sets out the foundations of an environmental rule of law and emerging substantive principles including intergenerational equity, rights to nature and the rights of nature, respect for Indigenous peoples, and the participation of minority and vulnerable groups.
Climate Litigation Guide
Action4Justice (2016)
Action 4 Justice has produced a step-by-step guide designed to introduce you to a range of legal responses to climate change and help you think about which response may be right for you, your organization or community.
Achieving Justice and Human Rights in an Era of Climate Change Disruption
International Bar Association (Jul 2014)
This wide-ranging and comprehensive report from the IBA Presidential Task Force on Climate Change Justice and Human Rights identifies problems and gaps in existing legal, human rights, trade and other institutional arrangements.
The Report contains a series of new ideas and recommendations to governments and world institutions, such as the World Trade Organization, human rights bodies, international development financing agencies, as well as specific law and corporate governance reforms to aid in the prevention and mitigation of climate change impacts and protect the human rights of vulnerable communities.