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Judicial justice refers to justice sought via ''the system of courts or judges, through the interpretations, defence and application of law. -''Cambridge dictionary <ref>https://dictionary.cambridge.org/dictionary/english/judicial</ref>
The judicial system (or judiciary) refers to a branch of government whose task is the<span> authoritative</span> adjudication of controversies over the application of laws in specific situations.-Britannica <ref>https://www.britannica.com/topic/judiciary</ref>  




== Understanding Why Global South Justice is Climate Justice ==
== How the judicial system upholds climate injustice ==
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'''The Global North disproportionately caused the climate crisis, yet, the Global South will bear the greatest burden'''
'''Funding and protecting the oil and gas industry while jailing protesters'''
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*The poorest 50% of the world's population emits only 7% of the total greenhouse gases (Migration to Asia Peace, 2022).  <ref>Migration to Asia Peace. (2022, September 23). 2022 Statement for Climate Justice by the Global South. https://mapcast.org/2022-statement-for-climate-justice-by-the-global-south/?ckattempt=2</ref>  
*In addition to funding the industry, the government protects it with injunctions, which are court orders preventing protesters from interfering with, and often going near, work sites. These work sites are typically pipelines, company headquarters, or tree logging sites. When an injunction is breached, fines and jail time may be given out. The right to protest and conduct picket activities is protected by the right to freedom of expression and peaceful assembly; court ordered injunctions go against this right.  <ref><span style="white-space-collapse: collapse;">Stop TMX. (2022). Protests </span>&amp;<span style="white-space-collapse: collapse;"> arrests. https://www.stoptmx.ca/protests- arrests/</span></ref>  
*According to a report by Oxfam, privileged lifestyles in the Global North produce a carbon footprint that is one hundred times larger than the Global South (Riaz, A., 2021). <ref>Riaz, A. (2021, September 29). Views from the Global South: How to decolonise the climate crisis. Euronews Green. https://www.euronews.com/green/2021/09/29/views-from-the-global-south-how-to-decolonise-the-climate-crisis</ref>  
*The TMX pipeline injunction, financed by the Trudeau government, had led to 48 arrests for breaching the injunction line as of February 8th, 2022 <ref><span style="white-space-collapse: collapse;">Gamage, M. (2022). Meet the protesters going to jail to fight climate change. The Tyee. Retrieved from https://thetyee.ca/News/2022/04/27/Meet-Protesters-Fighting-Climate-Change/</span></ref>  
*The unequal distribution of the costs of climate change adds to the worsening of the wealth gap between the Global North and South. The high price of mitigation and adaptation loans further disadvantages the Global South, which is most affected by the climate crisis. They are '''accumulating climate debt for a crisis they didn't cause ('''Rice, J., 2009). <ref>Rice, J. (2009). North-south relations and the ecological debt: Asserting a counter-hegemonic discourse. Critical Sociology, 35(2), 225–252.</ref>  
*The injunction granted to Coastal GasLink to build a pipeline through Wet’suwet’en territory without the consent of the hereditary chiefs led to the arrests of 74 people and enforcement costs of over 13<br>million for the period of January 2019 - March 2020 <ref><span style="white-space-collapse: collapse;">Stop TMX. (2022). Protests </span>&amp;<span style="white-space-collapse: collapse;"> arrests. https://www.stoptmx.ca/protests- arrests/</span></ref>  
*For justice, the Global North should pay for mitigation and adaption in the Global South.
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'''Wealthy nations caused and perpetuate the climate crisis by exploiting the resources, lands and labor of the Global South'''
'''Climate refugees’ legal status'''
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*(Neo)colonialism resulted in unequal land distribution, present-day land conflicts, and extractivism in the Global South (Estermann, J., 2014).  <ref>Estermann, J. (2014). Colonialidad, descolonización e interculturalidad. Polis Revista Latinoamericana, 38. http://journals.openedition.org/polis/10164</ref>  
*Current estimates suggest that 50 to 200 million people will be displaced due to the direct impacts of climate change. These displaced people are sometimes called “climate refugees”, but they do not meet the refugee convention requirements.  <ref>Williams, A. (2008). Turning the tide: Recognizing climate change refugees in international law. Wiley Online Library. Retrieved from https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1467-9930.2008. 00290.x</ref>  
*The dominance of the extractive sector by the countries of the Global North resulted in the dependency and 'underdevelopment' of the Global South (Estermann, J., 2014).  <ref>Estermann, J. (2014). Colonialidad, descolonización e interculturalidad. Polis Revista Latinoamericana, 38. http://journals.openedition.org/polis/10164</ref>  
*The refugee convention has two core requirements; the first is a “well-founded fear of being persecuted” and the second is that the reasons for persecution are limited to<br>“race, religion, nationality, membership of a particular social group or political opinion.” These well defined requirements have made it impossible to use to attribute the refugee convention to climate refugees.  <ref>Williams, A. (2008). Turning the tide: Recognizing climate change refugees in international law. Wiley Online Library. Retrieved from https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1467-9930.2008. 00290.x</ref>  
*Countries in the Global South export raw materials, energy, land, and labor worth $10 trillion annually to account for the debt caused by the Global North (Migration to Asia Peace, 2022)  <ref>Migration to Asia Peace. (2022, September 23). 2022 Statement for Climate Justice by the Global South. https://mapcast.org/2022-statement-for-climate-justice-by-the-global-south/?ckattempt=2</ref>  
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*For justice, equal per capita entitlement to the planet's resources consistent with ecological boundaries is necessary (Gonzalez, C.,2015).  <ref>Gonzalez, C. (2015). Environmental Justice, Human Rights, and the Global South. SANTA CLARA J. INT’L L. 13, pp. 151–195. https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1631&amp;context=faculty</ref>  
| style="width: 19.6976%; background-color: rgb(153, 225, 217);" | '''Uneasiness of judges to taken on climate cases'''
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*As more court cases are brought involving climate-related claims, there is a trend for judges to refuse to take on <span style="font-size: 14.4px;">these cases, typically stating the same argument for their refusal; climate change policies </span>are the jurisdiction of the politicians and policy makers, not judges.  <ref>Kuh, K. F. (2019). The Legitimacy of Judicial Climate Engagement. Pace University, School of Law Faculty Publications. Retrieved from https://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=2150&amp; context=lawfaculty</ref>  
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'''A special thanks to Gabrielle Bourbeau for their tremendous support compiling content for this page.'''
 
== Using the judicial system for climate justice ==
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'''Litigation cases against governments to hold them accountable for climate'''
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*For example, a group of youth went after the Ontario government.  <ref>https://theconversation.com/court-decision-in-youth-climate-lawsuit-against-ontario-government-ignites-hope-206275</ref>
*A litigation case against the government of Montana was successful.  <ref>https://www.npr.org/2023/08/23/1194710955/montana-youth-climate-ruling-could-set-precedent-for-future-climate-litigation</ref>
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| style="width: 19.6976%; background-color: rgb(153, 225, 217);" | '''Litigation against corporate actors'''
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*For example, groups have gone after Shell for failing to move away from funding fossil fuels fast enough.  <ref>https://www.clientearth.org/latest/latest-updates/news/we-re-taking-legal-action-against-shell-s-board-for-mismanaging-climate-risk/</ref>
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| style="width: 19.6976%; background-color: rgb(153, 225, 217);" | '''Litigation for greenwashing or misleading green promises'''
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*6 individuals are going after RBC for their misleading advertising on climate action.  <ref>https://ecojustice.ca/news/canadas-competition-bureau-opens-investigation-into-rbcs-alleged-misleading-advertising-on-climate-action/</ref>
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'''Rights of Nation (RoN) cases for environmental protection  <ref>https://static1.squarespace.com/static/6014527b90b10920133c710b/t/626aa1cb534e5c386d985dae/1651155404253/KOW+Personhood+Report+-+Jan+2022.pdf</ref>  '''
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*In New Zealand (2017), the Whanganui River was recognized as a “legal entity” as part of a negotiated settlement between the government and the Māori people (Kestler-D-Amours, 2021)
*In 2017, a court in India ruled that the Ganges and Yamuna rivers should be granted the same legal rights as people.
*In 2016, Colombia’s Constitutional Court declared that the Atrato River in the country’s northwest had a “subject of rights.”
*In 2008, Ecuador adopted a new constitution which included a similar concept of rights for nature protecting the Vilcabamba River.
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<br>'''A special thanks to Gabrielle Bourbeau for their tremendous support compiling content for this page.'''


<br>
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Latest revision as of 20:02, 29 August 2023

The judicial system (or judiciary) refers to a branch of government whose task is the authoritative adjudication of controversies over the application of laws in specific situations.-Britannica [1]


How the judicial system upholds climate injustice

Funding and protecting the oil and gas industry while jailing protesters

  • In addition to funding the industry, the government protects it with injunctions, which are court orders preventing protesters from interfering with, and often going near, work sites. These work sites are typically pipelines, company headquarters, or tree logging sites. When an injunction is breached, fines and jail time may be given out. The right to protest and conduct picket activities is protected by the right to freedom of expression and peaceful assembly; court ordered injunctions go against this right. [2]
  • The TMX pipeline injunction, financed by the Trudeau government, had led to 48 arrests for breaching the injunction line as of February 8th, 2022 [3]
  • The injunction granted to Coastal GasLink to build a pipeline through Wet’suwet’en territory without the consent of the hereditary chiefs led to the arrests of 74 people and enforcement costs of over 13
    million for the period of January 2019 - March 2020 [4]

Climate refugees’ legal status

  • Current estimates suggest that 50 to 200 million people will be displaced due to the direct impacts of climate change. These displaced people are sometimes called “climate refugees”, but they do not meet the refugee convention requirements. [5]
  • The refugee convention has two core requirements; the first is a “well-founded fear of being persecuted” and the second is that the reasons for persecution are limited to
    “race, religion, nationality, membership of a particular social group or political opinion.” These well defined requirements have made it impossible to use to attribute the refugee convention to climate refugees. [6]
Uneasiness of judges to taken on climate cases
  • As more court cases are brought involving climate-related claims, there is a trend for judges to refuse to take on these cases, typically stating the same argument for their refusal; climate change policies are the jurisdiction of the politicians and policy makers, not judges. [7]

Using the judicial system for climate justice

Litigation cases against governments to hold them accountable for climate

  • For example, a group of youth went after the Ontario government. [8]
  • A litigation case against the government of Montana was successful. [9]
Litigation against corporate actors
  • For example, groups have gone after Shell for failing to move away from funding fossil fuels fast enough. [10]
Litigation for greenwashing or misleading green promises
  • 6 individuals are going after RBC for their misleading advertising on climate action. [11]

Rights of Nation (RoN) cases for environmental protection [12]

  • In New Zealand (2017), the Whanganui River was recognized as a “legal entity” as part of a negotiated settlement between the government and the Māori people (Kestler-D-Amours, 2021)
  • In 2017, a court in India ruled that the Ganges and Yamuna rivers should be granted the same legal rights as people.
  • In 2016, Colombia’s Constitutional Court declared that the Atrato River in the country’s northwest had a “subject of rights.”
  • In 2008, Ecuador adopted a new constitution which included a similar concept of rights for nature protecting the Vilcabamba River.


A special thanks to Gabrielle Bourbeau for their tremendous support compiling content for this page.




If you have any suggested revisions or additional resources to share related to the above content, please email them to kenzie@lehub.ca.


This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.


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  1. ↑ https://www.britannica.com/topic/judiciary
  2. ↑ Stop TMX. (2022). Protests & arrests. https://www.stoptmx.ca/protests- arrests/
  3. ↑ Gamage, M. (2022). Meet the protesters going to jail to fight climate change. The Tyee. Retrieved from https://thetyee.ca/News/2022/04/27/Meet-Protesters-Fighting-Climate-Change/
  4. ↑ Stop TMX. (2022). Protests & arrests. https://www.stoptmx.ca/protests- arrests/
  5. ↑ Williams, A. (2008). Turning the tide: Recognizing climate change refugees in international law. Wiley Online Library. Retrieved from https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1467-9930.2008. 00290.x
  6. ↑ Williams, A. (2008). Turning the tide: Recognizing climate change refugees in international law. Wiley Online Library. Retrieved from https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1467-9930.2008. 00290.x
  7. ↑ Kuh, K. F. (2019). The Legitimacy of Judicial Climate Engagement. Pace University, School of Law Faculty Publications. Retrieved from https://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=2150& context=lawfaculty
  8. ↑ https://theconversation.com/court-decision-in-youth-climate-lawsuit-against-ontario-government-ignites-hope-206275
  9. ↑ https://www.npr.org/2023/08/23/1194710955/montana-youth-climate-ruling-could-set-precedent-for-future-climate-litigation
  10. ↑ https://www.clientearth.org/latest/latest-updates/news/we-re-taking-legal-action-against-shell-s-board-for-mismanaging-climate-risk/
  11. ↑ https://ecojustice.ca/news/canadas-competition-bureau-opens-investigation-into-rbcs-alleged-misleading-advertising-on-climate-action/
  12. ↑ https://static1.squarespace.com/static/6014527b90b10920133c710b/t/626aa1cb534e5c386d985dae/1651155404253/KOW+Personhood+Report+-+Jan+2022.pdf
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