Law has emerged as one the key battlegrounds of the Climate Crisis. As the world heats up, so too have many courtrooms around the world as activists try to hold governments and companies to account for their greenhouse gas emissions
The right to a healthy environment is recognised in over 150 countries and is gaining traction in Australia. At the international level, the United Nations General Assembly (UNGA) recently adopted a resolution recognising that all people have the right to a clean, healthy and sustainable environment
In a historical resolution on 28 July 2022, the United Nations General Assembly (UNGA) formally recognised the right to a clean, healthy and sustainable environment as a human right. This declaration followed United Nations Human Rights Council (HRC) resolution 48/13 of 8 October 2021 that earlier recognized the right to a healthy environment as a human right
To many observers who increasingly despair at the limp efforts by governments and corporations to address the climate emergency, environmental law can seem like one of the most viable strategies to meaningfully and swiftly address the crisis. Environmental law, given that it’s concerned with the protection of environmental ‘public goods’ or ‘commons’
The Right to a Healthy Environment may be implied in the Australian Constitution. I argue this position based on existing precedent regarding constitutional implications: the High Court recognises that rights may be implied in the Constitution if ‘necessary’ to protect the Constitution itself: Lange (1997)
Poet Siobhan Hodge calls for a change of attitude to address the neglect of our environment.
Writer Di Cousens imagines the desolate landscape of Maralinga Nuclear Test site in South Australia.
Poet William Cotter laments the state of our drying-up rivers.
How can Australia help our neighbouring nations of the Pacific Islands build communities that are more resilient to climate change?