Reflecting on the workshop held at the Belgian Climate Centre on 11 September 2024
Climate litigation has grown in recent years, both in Europe and around the world. These lawsuits cover a wide variety of situations, depending on the actors involved, both on the side of the plaintiffs and defendants, the legal bases on which they lie, and their impact on climate action or governance. The workshop organized by the Belgian Climate Centre on 11 September provided an opportunity to take stock of the situation, bringing together some of the best experts in the field in Belgium, actors and witnesses from these different cases, and various stakeholders. The diverse interventions and panel discussions allowed to approach the question from different perspectives, and to draw up a very complete state of the art on the issue.
The workshop allowed an overview of the main cases that have been conducted in Belgium and abroad, aimed at public actors or private companies, as well as to delimit what is meant by 'climate litigation', the blurred boundaries and interactions with many other cases that are more broadly related to environmental or health issues. Many speakers highlighted the significant recent developments in these cases, including the recognition of human rights as a legal basis for the intervention of courts in climate litigation.
Climate scientists, who have been called to testify in certain cases or whose scientific work has been used in the courts, have had the opportunity to share their experience in this field. They provide their reflections on the use of science in climate trials, and the difficulty of finding a common language between law and science, or to scientifically objectify notions such as equity, or responsibility. The concept of 'scientific consensus' and the question of its interpretation in legal texts or in climate trials were also discussed.
Other speakers addressed issues related to the separation of powers, the limits of recourse to the judiciary, its optimal use in our democratic systems, and its role as "keeper" of individual and collective interests, when our governing structures are caught in default.
The different impacts of climate cases, beyond the judicial stage, notably on the social debate, the use of these cases by the various actors involved (whatever the outcome of the trial) to advance the climate objectives and the transition, and in the end, their impact on climate action and governance were also the subject of rich and lively debates.
In the end, this day will have allowed the meeting of very diverse expertise and perspectives on a theme in constant evolution. This workshop will be followed by a series of others organized on a quarterly basis, which will cover various themes, both in the field of climate sciences and in third fields (technologies, life sciences, humanities), the program of which will be communicated very soon.
The workshop program was established in collaboration with a scientific board composed of Professors Charles-Hubert Born (UCL), Hendrik Schoukens (UGent), Emmanuel Slautsky (ULB) and Romain Weikmans (ULB).
Thank you to all participants and speakers for making this event a success!
The program and presentations of the workshop
Below is a link to the event program and presentations that were given.
Program
Climate litigation in Belgium: an overview of the leading cases
Litigating the climate emergency through human rights : recent trends and outlook
Climate litigation against companies: the Shell jurisprudence as a groundbreaking template?
Determining individual States' ‘fair share’ of emissions reductions
Climate extremes: how attribution science informs climate lawsuits
Climate change as a challenge to democracy and the separation of powers
Separation of powers and the Belgian climate case: a checks and balancing act
Climate litigation: a trigger to strengthen climate governance?