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Nouvelle-Zélande
A German court has delivered a landmark ruling in a climate lawsuit brought by Peruvian farmer, Saúl Luciano Lliuya, against German energy giant RWE. The German Higher Regional Court of Hamm has ruled that, in principle, companies can be held liable to people halfway around the world for their contribution to the impacts and risks of climate change . While the Court ultimately dismissed Mr Lliuya’s claim, its reasoning represents a significant breakthrough for climate litigation globally. Below we explain what the Court decided, why it matters, and what it might mean in a New Zealand context with Smith v Fonterra still moving through the courts.
In the early 2000s, the idea of giving legal rights to nature was on the fringes of environmental legal theory and public consciousness. Today, New Zealand’s Whanganui River is a person under domestic law, and India’s Ganges River was recently granted human rights. In Ecuador, the Constitution enshrines nature’s “right to integral respect”.
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