Back in April, we wrote about a groundbreaking decision by the European Court of Human Rights (ECHR) ruling that protection against climate change is a human right and finding that Switzerland did not have a credible climate plan – therefore, infringing upon that right. The case was titled KlimaSeniorinnen Schweiz and Others v. Switzerland, inspiring similar cases in other jurisdictions including those brought against Norway. However, the verdict may not be as groundbreaking as previously thought, as the government of Switzerland appears to be largely ignoring the ruling. The Center for International Environmental Law writes:
“Following the ruling, the Council of Europe’s Committee of Ministers, representing all 46 member states, is now tasked with overseeing Switzerland’s implementation of the decision. As part of this process, on October 9, 2024, Switzerland submitted an action plan to the Committee, signaling its intent to take limited steps but falling short of fully executing the Court’s verdict.”
The structure of the ECHR makes enforcement difficult because an entirely new case based on a jurisdiction’s non-compliance must be brought and processed by the court. Additionally, while the ECHR has some ability to issue fines and make Plaintiffs whole, it primarily enforces judgments through political pressure on offending jurisdictions. This lack of strong enforcement mechanisms has led to roughly half of the court’s rulings unenforced since its inception in 1959. This issue is not necessarily confined to the ECHR. Climate litigation is often brought before multinational bodies. Some of those have serious enforcement power based on treaties and international law, but many lack adequate means of enforcement. So even if Plaintiffs win big in climate lawsuits, they can still be left without proper remedies if their home country decides to ignore the authority of the international court. On the other hand, they can be hollow victories.
Our members can learn more about climate and ESG litigation here.
If you aren’t already subscribed to our complimentary ESG blog, sign up here for daily updates delivered right to you.
Photo Credit: mrallen – stock.adobe.com
