R e ch t sa nw ä lt e Gü nt h e r P artnerschaft -4- landslides, and floods. All of these are impacts in weather extremes, in particular their increased frequency and severity. Alongside with general temperature increase, such impacts are also at the core of the PCC, but not so with the case against the company RWE. There, the case is centered around a change in trend and temperature: glacial melting. I will be happy to discuss the differences in applying the law but in my legal opinion there is no difference as to the application of international or national norms of human rights which center on the right to protection or the duty of states or entities to protect rights. IV. I will put forward the following opinions: - Climate Change as a phenomenon caused by anthropogenic emissions and destruction of carbon sinks is accepted by courts in Europe - The impacts of climate change are and will increasingly be accepted by courts to be possible infringements of human rights - The impacts of climate change are affecting people in Europe and elsewhere today to an extent that can be proven using the scientific methods of “detection and attribution” in court - The share of responsibility of a single company or a single country for certain impacts can be shown for the purposes of attributing liability - Due to the threat posed by climate change to human rights, there is a need for countries to quickly regulate on the issue of mitigation of climate change /reduction of greenhouse gases, but also on adaptation and damage restitution. There is a veritable regulatory gap as can be exemplified by the case taken against RWE. It is necessary to use national legal frameworks to regulate also corporate responsibility.

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