Welcome From the Editors

Welcome to the inaugural Climate Justice Newsletter, which brings together legal scholarship, practice‑based reflection, and critical analysis of key climate law challenges from across the Commonwealth. The contributions are inspired by the themes of the CLA Sabah Declaration on Climate Justice, adopted at the conclusion of the Borneo Rainforest Law Conference held in February 2024.

The Sabah Declaration articulates a compelling legal response to the accelerating climate crisis that is clearly founded on rule of law, human rights, justice and equity. For lawyers across the Commonwealth, this raises urgent questions about the adequacy of existing norms and the evolution of legal obligations in the context of a rights-based approach.

Reimagining Climate Justice Through Restorative ADR

As climate disputes surge across jurisdictions, this article argues that restorative justice offers a bold, practical shift—transforming climate conflict resolution from adversarial contest to collaborative repair, and redefining the future of dispute resolution itself.

Credit Where it’s Due: Carbon Markets and Community Rights

Carbon markets are sold as a simple fix for a complex crisis—but behind the tradable credits lies a web of legal risk and contested rights. As scrutiny intensifies, the true test is no longer carbon accounting, but whether these markets can withstand the rising force of human rights, community consent, and the rule of law.

Silenced for Speaking Out: Protecting Environmental Defenders from SLAPPs

In this incisive piece, CLA President Steven Thiru examines the global rise of SLAPPs, exposing how they are used to intimidate those speaking out on environmental issues — and why addressing their misuse is essential to upholding the rule of law, protecting human rights, and advancing climate justice.

Where are the Children? Stark Omissions in the ICJ’s Climate Ruling

Children have powered the global climate justice movement—so why are they almost absent from its most important legal milestone? The ICJ’s landmark climate opinion reframes the crisis as a human rights issue, but its silence on children reveals a critical gap at the heart of climate justice.

Forming the Climate Aware Lawyers of the Future Through New Collaborations Among Environmental Law Clinics

Climate change is rewriting the rulebook—so why is legal education still playing catch-up? Environmental law clinics are emerging as the Commonwealth’s most powerful answer, transforming students into climate-literate lawyers through real cases, cross-border collaboration, and frontline engagement with one of the most urgent global challenges of the 21st century.

Obligations of States in Respect of Climate Change: Impacts and Outcomes for the Caribbean

The International Court of Justice has reframed climate inaction as a matter of legal responsibility, not political discretion, signalling that States may face consequences under international law for failing to act. For small island nations on the frontlines, this Opinion could transform climate justice from aspiration into enforceable accountability—here’s why it matters.

Advisory Opinion on the Human Rights Obligations of African States in the Context of Climate Change

Africa’s climate reckoning has now reached the African Court on Human and Peoples’ Rights, where a landmark advisory opinion request could redefine what human rights obligations States owe in the face of accelerating climate breakdown. At stake is whether inaction on droughts, floods, and heatwaves may soon be legally framed not just as policy failure—but as a breach of the African Charter itself.

Rivers with Legal Rights of Humans

From India’s bold recognition of the Ganga and Yamuna rivers as “Living entities” to a growing global movement, this article unpacks the radical legal shift that could redefine rights, responsibility, and the future of nature itself.

Environmental, Social and Governance Litigation: Updates from England & Wales

From billion-dollar pollution claims to the tightening net around “green” marketing, this update reveals how England and Wales is fast becoming a global battleground for environmental accountability.

Stay Connected With Us