CHR-NI-2016-0001 Statement of Resource Person, Dr Margaretha Wewerinke-Singh 7 Courts are frequently required to consider situations where the tortious act, and the associated harm, occur in different jurisdictions.30 In such cases, it will be necessary to show that there is a direct connection between the case and the legal system in which it is brought—either by way of the subject of the case (subject matter jurisdiction) or the parties (personal jurisdiction). Generally speaking, in respect of a tort claim against international defendants that are not present within the jurisdiction, a court will have jurisdiction where (a) the tort (legal wrong) occurred in that country; and/or (b) where the tort claim involves harm to real property that is situated in that country.31 Drawing on these already established legal principles, the Model Climate Compensation Act explicitly asserts that a national court has jurisdiction over climate-related damages occurring within its national boundaries. Specifically, it provides that the national court has jurisdiction in civil proceedings brought in relation to climate-related damages where “(a) the damages occurred within [country]; (b) the damages were caused in whole or in part by climate change and its impacts; and (c) there is, on its face, a claim that the defendant has committed a climate-related tort under this Act or the common law” (s. 19). C. Plaintiffs: who can sue for what climate-related damages? Another question in climate change litigation concerns who can bring a claim—or, as the courts put it, who has “standing” to appear before the courts. The basic rule for standing in claims for damages, in most common law countries, is that a person must show some direct interest in the case—usually in the form of the damage that they have suffered to their legal rights. The Model Climate Compensation Act adopts an inclusive approach to standing, with provisions providing that a climate lawsuit can be brought by governments, local and (where appropriate) indigenous governments, and individuals. To prevent multiple claims being brought against the same defendant, the Act creates a hierarchy between potential claimants, drafted in such a way that a lawsuit on behalf of the public in respect of particular climate damages will preclude other levels of government and individuals from bringing a lawsuit in respect of the same damage. D. Defendants: who can be sued for climate-related damages? As for who can be sued, it is necessary to consider what parties it is fair and reasonable to hold legally responsible for causing climate damages. Most people and countries are responsible for contributing to climate change to some extent. Certain private entities have, however, either directly or indirectly caused massive greenhouse gas emissions and have profited considerably from the fact that the costs of the use of their products have not recognized the associated climate impacts— while also actively seeking to prevent national and international regulation of 30 For instance, this can arise in cases related to negligent advice given or in a claim for defamation. For further, see A Gage and M Wewerinke, Taking Climate Justice into our Own Hands: A Model Climate Compensation Act (December 2015), 12-13 (appended). 31 A host of examples are provided in the report appended, A Gage and M Wewerinke, Taking Climate Justice into our Own Hands: A Model Climate Compensation Act (December 2015), 14-15.