Just Transition Litigation in Latin America: New Sabin Center Report
Maria Antonia Tigre is a Global Climate Litigation Fellow at the Sabin Center for Climate Change Law and author of the new report.
Just transition litigation is a novel and understudied field. Nowadays, Sabin Center for Climate Change Law — an affiliate of Columbia Climate School — Introduced a new Report Twenty just transition cases from Latin America were analyzed.Report fills an important gap in existing research by raising awareness of affirmative action just transition From the Global South and advancing our understanding of the phenomenon of just transitional litigation through new developments in Latin America. According to the analysis, the report:
- come up with a definition of the concept just transition with Just Transition Litigation Through the different aspects and people affected who play a role in how the case develops;
- lists an initial category just transition proceedings;
- Determining the human rights arguments advanced by the plaintiff Just Transition Litigation and (if any) how the courts will receive the information;
- Analyze how arguments for justice and arguments for climate are just transition proceedings;
- Preliminary assessment of the remedies available to the plaintiff just transition proceedings;
- Propose a research agenda for future investigations.
To meet the long-term temperature goals of the Paris Agreement, countries need to rapidly reduce their dependence on fossil fuels and expand the use of cleaner alternatives. The scope of the transformation required is profound, wide-ranging, and likely to affect many aspects of everyday life. Displaced workers and affected communities will need support in the process of dismantling the fossil fuel sector, including its infrastructure, industry and mining sites.this is part of Just transition. A just energy transition requires that everyone be able to benefit from it and participate effectively and inclusively. Decarbonization policies could lead to (new) “winners and losers”, especially if the burden and benefits of renewable energy production and consumption are distributed unfairly.In this case, not surprisingly Just Transition Litigation is emerging to question how these burdens and benefits of decarbonization policies and programs are distributed.
Drawing on a specialized literature that has observed an increase in litigation in the global South seeking more ambitious climate change policies (so-called “pro-regulatory” climate litigation), the Sabin Center has published a Report Consider the rise today Just Transition Litigation in Latin America.
The report is entitled Just Transition Litigation in Latin America: A Preliminary Classification of Climate Litigation Cases in the Energy TransitionDepend on Maria Antonia Tigre (Columbia Law School Sabin Center for Climate Change Law), lorraine zentenau (University of Edinburgh, Chilean Rapporteur), Marlies ME Hesselman (University of Groningen, Netherlands and UN Special Procedures Rapporteur), Natalie Uzola (Global Network on Human Rights and the Environment, Colombian Rapporteur), Pedro Cisterna-Gate (University of Edinburgh, Rapporteur on the Inter-American Human Rights System), Ricardo Lupolini (Santa Ana Institute of Advanced Studies, Italian Rapporteur).
reading report here.
The Sabin Center will host a webinar on January 31, 2023, to present the report’s findings.
