As older women are particularly vulnerable to climate change impacts, a group of senior women in Switzerland founded the association KlimaSeniorinnen Schweiz (Senior Women for Climate Protection Switzerland) in order to fight for ambitious climate action by legally challenging the Swiss government's inadequate climate policies and mitigation measures. The KlimaSeniorinnen filed a legal request with the authorities, claiming that the Swiss authorities are failing to fulfil their duty to protect them as required by the Swiss Constitution and by the European Convention on Human Rights. This article provides a detailed analysis of the KlimaSeniorinnen case within the context of climate litigation worldwide. It argues that the case's human rights arguments, which are grounded in climate science, the United Nations Framework Convention on Climate Change (UNFCCC), the Paris Agreement, environmental principles and international law, are generally transferable to almost any country. Therefore, vulnerable individuals and groups can learn from the KlimaSeniorinnen litigation that there are strong legal grounds to bring human-rights-based climate lawsuits against governments and thus governments should expect more litigation if their climate actions or omissions contravene international law and violate constitutional principles.
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Cordelia Christiane Bähr, Ursula Brunner, Kristin Casper and Sandra H Lustig
Edited by Sabri Boubaker, Douglas Cumming and Duc K. Nguyen
Joseph R. Mason
While some have bemoaned CO2 markets’ performance due to low prices – that is, too low to deter emissions – a potentially bigger threat is that such markets develop to provide binding constraints arising not from market pricing but from non-fundamental factors like fraud and rent-seeking. Investor fraud, corporate fraud, and counterfeiting and theft are already well-known to these markets, with little in the way of specific oversight and protection. If we are to expect meaningful market development, it makes sense to insulate such markets rent-seeking, generally, including various forms of fraud, counterfeiting, and permit theft that have already manifested in the sector. Only by restraining such influences can we provide a smooth-functioning CO2 market that can be the basis of economic growth, without exposing the broader economy to the potential for commodity market panics and crashes.