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.