The Effects of Climate Change on Private Law

Dear Professor Vasco and fellow colleagues,

I hereby expose my work on the challenge presented in the “ELPIS v-LAW Review No. 5/2022” with the following theme: “Climate Change requires Global Change of Law”. I was provided with a variety of contributions made by numerous professors, each regarding a different topic. I chose the article named “The Effects of Climate Change on Private Law”.

This video article is presented by Dr. António Barroso Rodrigues, an assistant professor at the University of Lisbon Faculty of Law, and, as I said before, it focuses on the effects climate change can have on private law, not only from the Portuguese point of view but also worldwide.

Climate change is an existential threat to the planet, and it is already having a significant impact on human lives, economies, and societies. One area that is increasingly being affected by climate change is private law, which deals with the legal relationships between individuals and organizations, such as contracts, torts, and property rights. Climate change is changing the way we live, work, and interact with each other, and it is also changing the legal landscape in which private law operates, making an impact on private law in a variety of ways.

One of the most significant effects of climate change on private law is the potential for increased litigation related to climate change. As the impacts of climate change become more apparent, individuals and organizations may seek legal remedies for damages related to it. For example, property owners may seek compensation for damage to their property caused by extreme weather events, or shareholders may seek damages from companies that fail to adequately disclose the risks of climate change. The increase in natural disasters such as hurricanes, floods, wildfires, and droughts can cause significant property damage and personal injury, and they can also disrupt the operation of businesses and organizations. Private law has traditionally dealt with these kinds of events through insurance and tort law, which seek to compensate victims for their losses. However, as climate change intensifies, these legal frameworks may become inadequate. For example, insurance companies may become insolvent if they have to pay out large claims for climate-related losses, and the legal system may become overwhelmed if there are too many lawsuits arising from climate-related events.

Likewise, the professor starts his presentation by refereeing that the main aspect to be concerned it is the liability problem climate change may bring. He states that, nowadays, one major problem is the refusal to compensate damages because it is not only difficult to prove the link between climate change and the damages the plaintiff has suffered, but also to determine the quality of the cause. According to Portuguese law, if we cannot determine the specific author of the damages, it is impossible to have grounds to claim such damages. Nevertheless, according to European Tort Law, even though we do not know for certain who did it, there are grounds to make such claims.

Climate change-related issues are increasingly arising in areas of the company and financial law, particularly related to climate change risk and disclosure. This includes topics like contract law, tort law, and even consumer protection law, regarding misleading green advertising claims.

As the impacts of climate change become more severe, parties to a contract may find that it is impossible to perform their obligations due to unforeseen events such as extreme weather or resource depletion. This can lead to disputes between parties and can create uncertainty in the legal system. To address this, courts and lawmakers may need to revise contract law to account for the increased risk and uncertainty associated with climate change. For example, contracts related to the sale of goods or services may need to be modified to account for climate-related risks, such as the potential for disruptions in supply chains due to extreme weather events.

Tort law may also be affected by climate change, particularly in cases where individuals or organizations are found to be responsible for contributing to climate change through activities such as greenhouse gas emissions. In such cases, individuals or organizations may be held liable for damages caused by climate change. The professor finds this aspect very important to be held in discussion and divides this question into two main issues. The first is about who can be responsible. We are told that states, companies, and individuals are subject to responsibility if it is deemed necessary. States must protect human rights from harm from businesses, and these have the responsibility to protect them as well. Secondly, it is important to know how these subjects can be liable for their actions. According to the video article, the claims are submitted in the form of class action suits asserting breaches of international treaties regarding climate change.

Furthermore, climate change is affecting private law by changing the way that property rights are defined and enforced. As sea levels rise and temperatures increase, the boundaries between private and public property may shift. For example, if a beachfront property becomes inundated with water due to sea level rise, it may no longer be considered private property. This can lead to disputes over property rights and can create uncertainty in the legal system.

On a personal note, I really enjoyed watching this video article regarding such an interesting and recent topic, which brings a new and exciting challenge to the legal world. I highly recommend every single one of my colleagues to watch it, as it is very complete and extremely easy to understand the information given. In my opinion, it is dangerous to underestimate the consequences climate change can make on our legal system, particularly in these specific private law claims. It is a reality humankind must accept and find ways to adapt and, more importantly, overcome the obstacles that appear on the way. The absence of rapid government action to regulate corporate emissions will certainly bring more litigation against companies because the developments made in climate science, particularly in respect of attribution causation will contribute to the increase of significance of private law claims.

In conclusion, climate change has the potential to impact private law in a variety of ways, from increasing litigation related to climate change to impacting property, contract, and tort law. As the impacts of climate change become more apparent, it will be important for legal systems to adapt to address the new risks and uncertainties that are emerging and make sure that individuals and organizations are able to seek legal remedies for damages caused by climate change. This will require collaboration between lawmakers, the legal system, and private actors to create legal frameworks that can adequately respond to the challenges posed by climate change.

 

Thank you.

Manuel Ruah Crujeira, 140121040