Rich nations 'could be sued' by climate victims

Special report: global warming

Paul Brown, environment correspondent Tuesday July 10, 2001 The Guardian

States like Bangladesh that are the victims of climate change have a good case in law for suing polluters like the United States for billions of dollars, a law professor will tell a London conference today.

With the US delaying action on climate change and President George Bush refusing to ratify the Kyoto protocol, the case for court action is becoming overwhelming, according to Andrew Strauss, of the school of law at Widener University, Delaware.

His prediction comes as the European Union and Japan try for a deal that will keep the climate negotiations from collapse. Talks resume next week in Bonn on legally binding emission reduction targets that the US has rejected. A deal could still be struck without the US, but Japan is reluctant to upset President Bush.

John Prescott, the deputy prime minister, is flying to Japan today to try to find a compromise.

Professor Strauss was commissioned by the New Economics Foundation, a London based thinktank, to look at international law and the possibility of the poor countries demanding compensation from the rich polluting countries. With the science of global warming becoming better understood and accepted, and the blame more easily pinned on the big polluters, the legal case is becoming stronger, he will tell the conference.

Delegates will also be told that, in the UK, unless the government prepares the public for action to tackle global warming, the country could become ungovernable. The fuel protests last year showed how even a minor change in lifestyle enrages people - but this was nothing compared to the structural changes in the economy required in cutting greenhouse gas emissions by between 60% and 80%, which the government accepts would be necessary soon.

In a booklet, An Environmental War Economy, published today the thinktank comments: "The planet's economy does not have to be run like the Titanic, with the masses locked away in steerage while the travellers in first class enjoy a last few minutes of luxury. The world's poor lose their lives and livelihoods when climate change strikes. In the north, by contrast, governments quail at the prospect of persuading people to switch from cars to the train.

"In the short term the toll of climate-related, man-made disaster will kill millions, leave large areas of the planet uninhabitable, widen the gap between rich and poor, turn frustration in the developing countries into anger, and fuel the growth of conflict, civil war and mass migrations.

"When measures do finally have to be taken, the structure of government may be at risk."

So far, because of the US position, all progress has stalled on getting agreement to cut carbon dioxide emissions by an average 5.2% from 1990 levels by 2012. To come into force, Kyoto must be ratified by 55 countries, or by countries accounting for 55% of 1990 emissions - which makes Japan's support crucial.

-- Anonymous, July 10, 2001