This event was held on 5 April 2023 at the Macquarie University City Campus in Sydney, and was organised by the Centre for Environmental Law, the oldest environmental law institution in Australia.
The keynote was delivered by Professor Malcolm Langford (Professor of Public Law, University of Oslo, and Visiting Fellow at the Gilbert + Tobin Centre of Public Law, UNSW Sydney). The discussant was Brynn O'Brien (Executive Director of the Australasian Centre for Corporate Responsibility) with Professor Surya Deva (Director, Centre for Environmental Law, Professor, Macquarie Law School, UN Special Rapporteur on the Right to Development) moderating and providing closing remarks.
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Description of Professor Langford's address:
Across the world, courts have emerged as an important actor in climate change politics. Almost 2000 cases on mitigation and adaptation have been launched against governments and corporations. However, the rate of success varies significantly.
Courts diverge on questions of legal interpretation and swing between deference and vigilance in application. This is because climate change cases are often complex and challenge the judiciary's institutional competence and democratic legitimacy.
In his lecture, Professor Malcolm Langford takes the long view and poses the question: What is the most effective and legitimate approach for courts in meeting the climate crisis?
He argues that a responsive approach may be preferable. Here, courts draw on a broader range of procedural, doctrinal and remedial techniques to reduce their epistemic uncertainty and increase the political acceptance of their decisions.
Examples of responsive techniques from courts in Australia and overseas are provided.
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