Introduction

Litigation is a context where justice claims are made, contested, and addressed. Claims to rights and obligations are based on but also frame considerations of justice. Yet, not only underlying different conceptions of justice, but also different frames of reference for justice, e.g., who is included in/excluded from the reference group for equality considerations, directly determines rights and obligations. However, also allocation of obligations and responsibilities influence what is considered not only legal but also just. Diverging conceptions and reference frames lead to deep disagreements on principled normative claims.

Climate litigation relates to the climate crisis as a truly global collective action problem where cause and effect are stretched out over time and space. In this context, the consequences of different conceptions and reference frames can hardly be overstated. The disagreements run particularly deep.

An international justice perspective necessarily gives a place to sustainable development and the position of those that are globally most affected by climate impacts. However, most climate litigation takes place in national and regional courts which have as their principal frame of reference national or regional law. International justice is structurally sidelined.

At this workshop, we aim to tease out the different ways in which legal claims reflect both different conceptions of justice and different frames of reference. We also examine what these different conceptions and reference frames mean for the potential of climate litigations in Europe to contribute to addressing the climate crisis.

Draft Programme

9:15 – Welcome and Introduction (Christina Eckes, UvA)

9:30 - Chris Hilson (University of Reading). Climate Targets: Placing State and Corporate Human Rights Obligations in Context

10:15 – Panel 1 on claims of justice in European litigation against states (Ingo Venzke, UvA)

Simon Waswa (UvA) on the concept and representation of future generations in European climate litigation

Christina Eckes (UvA) and Renske Natté (UvA) on fair share as it is construed by scientific advisory bodies

Maiju Mahonen (University of Eastern Finland), Climate Justice and the European Court of Justice

11:45 – coffee break

12:00 – Panel 2 on claims of justice litigation against corporations 

Tessa Trapp (UvA) on narratives about exploitation/economic contribution

Clara Kammeringer (UvA) as discussant on representing foreign litigants and the implications of their (in-)ability to claim damages

13:30 – lunch

14:30 – Panel 3 on just transition litigation and non-climate aligned cases

Tomi Tuominen (University of Lapland) on property rights as a right to pollute

Rena Hänel (UvA) on corporations as actors (political economy perspective)

16:00 – closing