Australian Climate Justice Program

Palau to seek ICJ Advisory Opinion

The Pacific Island State of Palau recently announced in the UN General Assembly its intention to seek an Advisory Opinion from the International Court of Justice (ICJ) on climate change damage.

Palau intends to ask the ICJ to provide guidance on how the 'no harm rule' and the UN Law of the Sea Convention apply to climate change damage.

'Arguably, a credible case can be made for Palau under both the 'no harm rule' and the Law of the Sea Convention,' stated Keely Boom, Executive Officer of the Australian Climate Justice Program.

'An Advisory Opinion from the ICJ may help Pacific Islands like Palau turn the tide in the international negotiations.'

Read a full article by Keely Boom on the case here.

Read the UN announcement here.

Montana Supreme Court denies petition to declare atmosphere 'public trust'

Montana Supreme Court has denied a petition to declare that the atmosphere is a 'public trust' and that the state has a duty to protect and preserve the atmosphere.

The court stated that it is ill-equipped to deal with the factual matters in the case.

Media:

KTVQ.com - MT Supreme Court rejects "climate change" lawsuit

Bozeman Daily Chronicle - Montana court denies climate petition

The Republic - APNews Break: Montana Supreme Court denies petition to make atmosphere a public trust

The Australian Climate Justice Program (ACJP) is an independent not for profit, non-government organisation that uses the law to expose environmental and human rights issues relating to climate change. The ACJP is the only national program that has been established to work collaboratively with lawyers, campaigners and scientists in this field, and has a track record of doing so.
Since its inception in 2003, the ACJP has executed and supported a range of successful legal actions on climate change. Many other independent legal actions have been taken by concerned Australians

(Australian cases). Legal momentum continues to build in overseas jurisdictions - particularly the USA (International cases).

Overall, a solid platform of legal experience has been built in Australia and internationally. At the same time, the climate crisis is worsening, and political and corporate leaders are failing to deliver sufficient cuts in greenhouse pollution. The time is ripe for further and stronger legal action, including litigation which targets - and publicly exposes - key political and corporate climate offenders.