Climate Law as a ‘Living Tree’ - Reflections on Minister for the Environment v Sharma
Markey-Towler, Rebekkah
Author
aut
Text
xx#
2022
Verfassungsblog
2022-03-24
eng
Last year, the Australian decision of a Federal Court judge in Sharma v Minister for the Environment made headlines around the world. In the decision, the judge found that the Federal Environment Minister owed Australian children a duty of care to prevent harm from climate change. This year, the Sharma case has once again attracted attention, albeit for the opposite reason. In March 2022, the Full Court of the Federal Court allowed the Minister’s appeal and overturned the primary judge’s finding of a novel duty of care. This decision has emphasised the limits of legal concepts and courts in addressing future climate damages. However, the unfavourable outcome does not mark the end for climate litigation in Australia.
CC BY-SA 4.0
Markey-Towler, Rebekkah
Climate Crisis
climate litigation
Future rights
Tort law
342
https://verfassungsblog.de/climate-law-as-a-living-tree/
Verfassungsblog
2366-7044
Max Steinbeis Verfassungsblog gGmbH
10.17176/20220325-001123-0
220324
10.17176/20220325-001123-0
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