Exploring Theory and Practice: Justin Sobion on Climate Change Litigation – Part I

Tamanna (JFIEL): Thanks very a lot for becoming a member of us for this interview. To begin off, we imagine you’re exceptionally well-suited to debate the subject of the hole between the theoretical foundations of the regulation and its sensible software. As a person who combines the roles of a world regulation practitioner and an instructional, how do you understand this hole between concept and apply? Might you present an instance from your personal expertise the place you’ve gotten encountered and skilled such a disparity?

Justin Sobion: To start with, thanks for inviting me to be part of this necessary dialogue, notably on bridging the hole not solely between worldwide regulation concept and apply but in addition between college students and academia. Talking from the attitude of worldwide environmental regulation, one can clearly observe this hole. Worldwide environmental regulation typically presents itself as a utopian excellent, generally known as “ecotopia,” a mix of ecology and utopia. As a topic, environmental regulation sounds promising in concept, typically described as a manifestation of ‘inexperienced goals.’ Nonetheless, the problem lies in its sensible software and whether or not it could actually actually fulfill its meant targets.

For instance, take into account the idea of the rights of nature. India, following New Zealand’s lead, acknowledged the Ganges River as a non-human entity with authorized character, a choice made by the Excessive Courtroom shortly after the same ruling in New Zealand. Whereas this recognition is commendable on paper, the actual problem lies in translating these rights into sensible implementation. It raises the query of whether or not such rights are merely theoretical or summary. How will we be certain that these rights are upheld in apply? This inevitably entails a human accountability in the direction of nature and requires a complete training course of. This instance illustrates the continuing wrestle to make the speculation of worldwide regulation sensible and efficient.

Tamanna: Sir, as you talked about the instance of India, a constant criticism has been the shortage of involvement of all stakeholders, notably the people who stay close to and have a pure reference to the setting, within the decision-making course of. As an illustration, within the case of the Ganges River, the guardian appointed is a state authority quite than the indigenous individuals who have a direct relationship with the river.

Given your in depth research and apply of regulation in varied international locations, do you observe variations of their approaches to environmental regulation and their stances on local weather change? Particularly, how do these approaches differ in concept and in apply? Whereas we commend the popularity of the Ganges River’s personhood on paper, in actuality, there are important gaps in implementation. Might you elaborate on these sensible challenges and the variations you’ve gotten seen in several international locations?

Justin Sobion: That’s an insightful query. To deal with the primary half, it’s appropriate that, within the case of the Ganges, the court docket appointed six people from state organs to behave as “guardians” in loco parentis. Ideally, the administration of such instances may gain advantage from involving particular person stakeholders, comparable to residents with a profound connection to the setting, in collaboration with state representatives. This method might be certain that these with a deep, private connection to the river, or different pure entities like glaciers, are included within the decision-making course of.

In distinction, New Zealand’s method to the Whanganui River is noteworthy. There, two people have been appointed as guardians: one representing the state and the opposite representing the indigenous Māori neighborhood. This twin illustration displays a collaborative mannequin between state and native stakeholders, acknowledging each authorized and indigenous connections to the river.

Relating to your second query, there are certainly various approaches to environmental regulation and local weather change throughout totally different international locations. We have now noticed a development over the previous decade, beginning with New Zealand and notable instances such because the Supreme Courtroom’s Amazon case in Colombia, the place rights of nature are more and more being acknowledged. Lately, there was a notable improve in litigation associated to the rights of nature, such because the Salim and Miglani instances in India, and a case in Ecuador regarding forest rights in 2023. This development suggests a rising judicial recognition of nature’s rights, and it will likely be attention-grabbing to see how this evolution continues over the subsequent 5 to 10 years.

Tamanna: As an instructional, how has your expertise as a practitioner influenced your views on environmental points? Do you discover that your sensible expertise lets you distinguish your views from these of different teachers who could not have had related sensible expertise in organizations?

Justin Sobion: I imagine that my involvement in a world community of environmental attorneys has considerably influenced my views. This community is vibrant and expansive, fostering a way of neighborhood past nationwide borders. It’s a dynamic group that has opened many doorways for me, permitting me to interact with a various vary of execs.

In response to your query, every member of this international environmental neighborhood, notably inside academia, brings a singular contribution to the sector. We every have our personal types and approaches to writing. As an illustration, I can typically establish an creator’s work based mostly on their distinctive language and magnificence with out figuring out who wrote it beforehand. I worth the collaborative spirit of this neighborhood and sit up for seeing the way it evolves sooner or later.

Tamanna: That was a really insightful response, and we recognize your perspective. My subsequent query is expounded to your exploration of artwork and tradition within the context of environmental regulation, which I observed in a few of your YouTube movies. Along with your specialization in worldwide environmental regulation, coupled along with your expertise in human rights, constitutional regulation, and varied multidisciplinary approaches, together with artwork and tradition, how does this numerous background affect your method to environmental regulation? Might you elaborate on how this interdisciplinary perspective enriches your understanding and apply of environmental regulation?

Justin Sobion: To start with, whereas I’m an artist primarily as a pastime, I imagine that creativity is crucial in each artwork and regulation. I typically inform my college students that excellent attorneys distinguish themselves by artistic arguments and the flexibility to suppose exterior the field. This angle, which I realized from my father, emphasizes that success in regulation shouldn’t be solely decided by educational achievements however by the capability to develop revolutionary arguments.

Environmental regulation, notably worldwide environmental regulation, inherently entails interdisciplinary approaches. Its core objective is to manage the interplay between people and the setting, encompassing nature and ecology. This discipline intersects with politics, science, and geography. For instance, the time period ‘ecology’ comes from the Greek phrases ‘eco,’ which means ‘home,’ and ‘logy,’ which means ‘research of,’ thus referring to the research of Earth’s techniques. Ecology is essentially a scientific self-discipline, which contains earth techniques science and geography.

Just lately, students comparable to Kotze and Kim have launched a brand new self-discipline referred to as Earth System Legislation. This evolving discipline means that environmental regulation could also be redefined as ecological regulation or earth system regulation sooner or later. These phrases extra precisely replicate the great nature of the self-discipline, which extends past mere atmospheric issues to embody broader ecological and earth system views.

Tamanna: Certainly, environmental regulation training typically extends past primary ideas to discover varied interpretations and dimensions of the setting. My subsequent query pertains to your involvement with the Earth Trusteeship Working Group. Might you elaborate on the main focus of this analysis and its significance throughout the discipline of environmental regulation?

Justin Sobion: Earth trusteeship represents a forward-looking idea for me. I first encountered the time period in 2018, launched by my present supervisor, Professor Klaus Bosselmann on the College of Auckland. Roughly a yr and a half later, I started my PhD thesis on this matter.

The idea of earth trusteeship emerged from discussions amongst a various group of stakeholders, together with environmentalists, human rights attorneys, and indigenous specialists. It’s impressed by the Earth Constitution, a world instrument adopted by international civil society within the early 2000s. The ideas of earth trusteeship are more and more related to our modern circumstances. They suggest that people, together with each residents and states, have an obligation to carry the Earth in belief not just for present generations but in addition for future generations—those that should not but born.

Whereas a lot discourse focuses on human rights, comparable to the appropriate to life, freedom of speech, and the appropriate to vote, there may be much less emphasis on tasks. Earth trusteeship posits that, as international residents, we now have tasks not solely in the direction of fellow people but in addition in the direction of nature and the Earth, which is our shared house. This angle extends past anthropocentrism to embody non-human life and the Earth itself. It aligns with philosophical traditions comparable to Jainism or Hinduism, which emphasize non-harm and respect for all dwelling beings. In essence, earth trusteeship addresses our tasks to each human and non-human life.

Tamanna: That matter certainly sounds each fascinating and interesting, and I sit up for studying extra about it. My subsequent query pertains to your position as a member of the panel of worldwide attorneys helping Caribbean states with the ICJ Advisory Opinion on local weather change. Might you share your experiences on this position, notably relating to the authorized challenges and state tasks related to local weather change? Moreover, have you ever encountered any resistance from totally different teams or skilled frequent conflicts throughout debates and negotiations on this context?

Justin Sobion: Local weather change impacts everybody, however its impacts are disproportionately felt by those that have contributed least to the issue. Essentially the most weak are sometimes those who’ve contributed minimally to the causes of local weather change and are experiencing important disruptions as we transition from the Holocene epoch, characterised by a secure local weather for roughly 12,000 years, into the Anthropocene epoch, marked by human-induced local weather instability.

For small island states, notably these engaged with the ICJ Advisory Opinion on local weather change, the challenges are substantial. These states typically lack the capability to handle the multifaceted problems with local weather change, together with scientific understanding, authorized elements, and securing obligatory funding. From a Caribbean perspective, and equally for Pacific states, the ICJ challenge is a pivotal alternative—a once-in-a-lifetime probability for small island states to current their case earlier than a world court docket. This chance to handle the issues related to local weather change, together with the proof of communities whose cities, villages, and houses are submerged, is important.

Though the ICJ Advisory Opinion is non-binding, it’s important as a result of it entails the court docket making pronouncements on issues of grave significance underneath related worldwide regulation. This course of will contribute to the event of worldwide jurisprudence, which shall be beneficial in addressing the local weather disaster within the years to return. The rulings made might affect authorized requirements for many years, making this a vital second for small island states. If we miss this chance, it might be a substantial time earlier than one other such alternative arises.

Tamanna: Thanks very a lot, Mr. Sobion. That concludes my questions. Aryaman shall tackle now within the subsequent half.

Justin Sobion is an Lawyer at Legislation specializing in Worldwide Environmental Legislation. He obtained an LLM (Hons) in Worldwide Legislation from the College of Cape City, South Africa, in 2008, and an LLM (Hons) in Environmental Legislation in 2020 from the College of Auckland, New Zealand. He additionally possesses an LLB (Hons) from the College of the West Indies. Justin was admitted to the Bar to apply regulation as an Lawyer at Legislation within the Republic of Trinidad and Tobago in 2002 and later as a Barrister at Legislation and Solicitor within the Commonwealth of Dominica in 2008. His experiences in Worldwide Legislation embrace Environmental Legislation, Human Rights, Constitutional Legislation, and Worldwide Legislation of the Sea.

Presently, Justin is a Senior Tutor and can also be engaged on his PhD thesis on Earth Trusteeship on the College of Auckland. He has additionally been on a panel of worldwide attorneys established by Vanuatu to help Caribbean states in making ready their written statements relating to the ICJ advisory opinion on the obligations of states in respect of local weather change.

Interviewed by Tamanna and Aryaman Kapoor, the Editors-in-Chief (2023). Transcribed and edited by Charunivetha, JFIEL Editor.

Image Credit score: Win Mcnamee/Getty Pictures