On 18 February 2020 the International Bar Association (the IBA)
launched its Model Statute for Proceedings Challenging Government
Failure to Act on Climate Change.
Among the various provisions aimed at removing common legal
hurdles for citizens, businesses and NGOs seeking to compel
government action on climate change, the Model Statute:
- grants open standing for any person
to enforce a government's relevant legal obligations;
- restricts defences available to
governments, for example that climate change is not an issue on
which the courts can decide; and
- reverses the usual "loser
pays" rule for costs in the case of unsuccessful
claimants.
Supporters of the Model Statute hope some or all of it will be
adopted across the world in years to come. More pressingly in the
UK, the Model Statute may provide persuasive guidance for judges in
the rapidly expanding field of environmental judicial review. In
the run-up to COP26, if your business could be impacted
