🎊 Asia's First Climate Litigation Win 🎊 - last week #SouthKorea's Constitutional Court ruled that Korea's lack of climate response was #unconstitutional ⚖ All eyes will be watching how the Korean government acts in implementing the court's decision - and attention will be focused on how the outcome impacts similar cases across the region. Read more: https://lnkd.in/gJgXAiJu #ClimateLawsuit #ClimateAction #CitizensAction
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What was it like being in the courtroom on the day of Asia's first climate litigation victory? On August 29, 2024, South Korea's Constitutional Court ruled Article 8.1 of South Korea's #CarbonNeutralityLaw as #unconstitutional. The government is required to set detailed carbon reduction targets from 2031 to 2049 to fulfill its role in safeguarding the citizen's rights. Jihyeon Ha from Solutions for Our Climate (기후솔루션) shares her experience of being part of this historical moment. Read the #SFOCInsights blog: https://lnkd.in/gsupwUCh Read more on the litigation here: https://lnkd.in/gJgXAiJu #ClimateLitigation #SouthKorea #ClimateChange #Government
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The recent court decision in South Korea represents a significant milestone for climate justice and human rights in the country. The landmark ruling establishes a global precedent for climate litigation, particularly in Asia. What implications does this hold for the Korean government's future climate actions? #SouthKorea #climatelitigation Explore the implications of this groundbreaking ruling in our detailed analysis: https://bit.ly/4cZTQIw
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𝐒𝐨𝐮𝐭𝐡 𝐊𝐨𝐫𝐞𝐚'𝐬 𝐂𝐨𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧𝐚𝐥 𝐂𝐨𝐮𝐫𝐭 𝐃𝐞𝐥𝐢𝐯𝐞𝐫𝐬 𝐋𝐚𝐧𝐝𝐦𝐚𝐫𝐤 𝐑𝐮𝐥𝐢𝐧𝐠 𝐨𝐧 𝐂𝐥𝐢𝐦𝐚𝐭𝐞 In a new development, the South Korean Constitutional Court has ruled that the government's current climate targets for 2031-2049 are insufficient to protect citizens' fundamental rights. The court found that the country's climate law lacks concrete plans for emission reductions beyond 2030, violating the rights of future generations. We have put together an in-depth legal analysis of the ruling, including a brief overview of the legal framework and the four cases underlying this consolidated ruling. https://lnkd.in/e5mnuBtD #ClimateLitigation #ClimateLaw #SouthKorea
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For Climate Court, I wrote an in-depth overview of last week's ruling in South Korea and the four cases that were consolidated to bring about this outcome. Every climate litigation win is one worth celebrating. Every time a court recognises and expresses that climate change is real and impacts our fundamental rights is a testament to the power of climate litigation. This case deserves recognition for being the first of its kind and size in East Asia, and it will no doubt have a great impact on the region in subsequent climate litigation. However, I am taking a slightly more cautious approach in my opinion for this one. The four complaints underlying the ruling were varied and well-reasoned. They addressed numerous issues with current and future emission reduction targets as well as South Korea's plans to reach those targets. Within that context, the win is limited. The unconstitutionality that was found only has to do with the lack of a quantitative target for the period of 2031-2049. The absence of such a target means there is no quantifiable plan on how to deal with emissions post-2030, especially when the 2030 target is not reached. This shifting of the burden to the future generation violates their right to a healthy and pleasant environment. The Court is giving the government until February 2026 to ensure that there is a quantitative legal target for the period after 2030. That is 1.5 years to update the law, and however many years of potential further litigation should the new target be inappropriate (again). Climate litigation remains challenging, so the hard work of the groups and lawyers involved here is making a real difference in the fight against climate change. Every win, no matter how small, is a step closer to a just and sustainable future. I had hoped for a bigger win for them. There is still so much work to be done. We need to keep pushing governments and companies to take stronger action on climate change. Behind the scenes, I'm working on something exciting related to climate litigation. If you're passionate and want to get involved, please reach out. #ClimateLitigation
𝐒𝐨𝐮𝐭𝐡 𝐊𝐨𝐫𝐞𝐚'𝐬 𝐂𝐨𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧𝐚𝐥 𝐂𝐨𝐮𝐫𝐭 𝐃𝐞𝐥𝐢𝐯𝐞𝐫𝐬 𝐋𝐚𝐧𝐝𝐦𝐚𝐫𝐤 𝐑𝐮𝐥𝐢𝐧𝐠 𝐨𝐧 𝐂𝐥𝐢𝐦𝐚𝐭𝐞 In a new development, the South Korean Constitutional Court has ruled that the government's current climate targets for 2031-2049 are insufficient to protect citizens' fundamental rights. The court found that the country's climate law lacks concrete plans for emission reductions beyond 2030, violating the rights of future generations. We have put together an in-depth legal analysis of the ruling, including a brief overview of the legal framework and the four cases underlying this consolidated ruling. https://lnkd.in/e5mnuBtD #ClimateLitigation #ClimateLaw #SouthKorea
In-Depth Look: The South Korea Constitutional Court’s Decision on Climate Litigation
climate-court.com
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Founder-Owner, Global Legal Advisor, Chief Software Developer, Consultant & Global Money Manager at The Software Suite
There are times when I actually laugh reading China's arguments. It's like supporting "ARMED RESISTANCE" before the ICJ but when ETIM/TIP declares Independence for Xinjiang & Uighurs and right to armed resistance as argued by China that the World laughs time & again! China ratified and became a party to the UNCLOS in 1996 & ITLOS is 1 of the 4 dispute resolution mechanisms listed in Article 287 of the UNCLOS. https://lnkd.in/giPe_ddq China has contributed its wisdom and strength to the International Tribunal for the Law of the Sea (ITLOS) with the submission of written statements on relevant advisory opinions. As the largest funding contributor of the ISA and the ITLOS, China has always paid its membership contributions on time and in full, providing strong financial support to the functioning of the two institutional bodies. https://lnkd.in/gGYqaZyn Small island states secure historic climate win at international ocean court https://lnkd.in/giPe_ddq
Climate change: small island states hail ocean court victory
reuters.com
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The latest successful challenge to national climate targets based on the constitutional rights of individuals.
South Korea’s top court has found that the government’s climate targets are too weak to protect the constitutional rights of younger people in a landmark case brought by hundreds of children and young people.
South Korea: Weak climate targets violated young people’s rights
scottishlegal.com
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Climate action is a human right - court ruled in South Korea! 🌍 South Korea's Constitutional Court has made a groundbreaking ruling, ordering the government to strengthen its plans to cut carbon emissions through 2049. This marks the first legal case in East Asia challenging national climate policies and could set a powerful precedent. This victory was driven by 254 brave plaintiffs, including many young people, who argued that inadequate climate action is a violation of their human rights. The court's decision is a call to action for more concrete steps toward achieving carbon neutrality. #climateaction #southkorea
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I help brands tell their stories. | Marketing Consultant for Waste, Recycling, & Sustainability Organizations | Writer | Speaker
"The constitutional rights of future generations had been violated." WOW. This was incredible news to read on how the Constitutional Court in South Korea ordered the nation's measures to be made stronger with firm carbon-reduction targets. Learn more here: https://lnkd.in/gFxz4y3b #wasteindustry #wastemanagement #climate #news #zerowaste #circulareconomy #wastereduction #recycling
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💡 In our fourth and final newsflash on the judgment in the Belgian climate case our public law team, led by Els Empereur (BE), shed a light on the injunction imposed by the Court on (three of) the Defendants. 📝 To conclude the newsflash series, the team discusses a few lessons learned from this legal landmark for further reflection. 👇 Read more on the reasoning behind the imposed sanction and the potential impact of the ruling in this latest newsflash. #PwCLegal #PublicLaw #BelgianClimateCase #LegalInsights
Legal deep dive into the Belgian Climate Case – Part IV, Sanctions and penalties
pwclegal.be
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In our latest newsflash, we continue with the groundbreaking decision of the Appeal judge in the Belgian Climate case, mandating Belgium's institutions (except Wallonia) to adhere to a binding greenhouse gas emission reduction target by 2030. 👀 We share insightful thoughts, lessons learned, and key discussion points sparked by this landmark ruling. We believe this decision has the potential to reshape our national legal landscape regarding climate ambitions. 🔎 We are committed to keeping you informed about the future consequences. This case will probably have an impact on our national legal landscape and we will definitely stay tuned to track any related news in the future! 🌳 Join the conversation and stay informed about the evolving environmental regulations that could impact your business. Let's navigate this pivotal moment together! #PwCLegal #esg #sustainability
💡 In our fourth and final newsflash on the judgment in the Belgian climate case our public law team, led by Els Empereur (BE), shed a light on the injunction imposed by the Court on (three of) the Defendants. 📝 To conclude the newsflash series, the team discusses a few lessons learned from this legal landmark for further reflection. 👇 Read more on the reasoning behind the imposed sanction and the potential impact of the ruling in this latest newsflash. #PwCLegal #PublicLaw #BelgianClimateCase #LegalInsights
Legal deep dive into the Belgian Climate Case – Part IV, Sanctions and penalties
pwclegal.be
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Research And Development Specialist
1moHopefully a lot more people around the world will try the same sort of court case