People For Earth

Earth Jurisprudence Lecture Series

The ‘Earth Jurisprudence’ (EJ) Lecture Series, introducing Earth Jurisprudence in Korea, is aimed at finding solutions to resolve the harmful consequences, which come from the current human-centered industrialization, and to implement an environment favorable to research and the fostering of new abilities. Since 2015, lecture series has been held four times a year in partnership with the Pro Bono Center of One Law Partners. This lecture series constitutes a training program for judicial officers, lawyers and law-students, and is accredited by the Korean Bar Association (KBA) and responsible for playing important roles in transforming governance-systems.

2022 EJ Lecture 1. The Latest Trends in Climate Litigation
  • 2023-08-23
  • 121
The first session of the 2022 Earth Jurisprudence Lecture, titled 'Earth Jurisprudence for Practitioners,' was held under the theme 'The Latest Trends in Climate Litigation,' and was delivered by Professor Siwon Park of Kangwon National University School of Law.

According to Professor Park, it is exceptional that the norms governing climate change originated primarily from international law headed by the United Nations and developed in a manner that each country implemented. Therefore, she stressed the significance of understanding international law. The commencement of climate litigation dates back even further, but it has reportedly exploded since 2010. As the scientific facts on climate change became clear, particularly in the IPCC report, there was a widespread feeling of impending doom, according to an analysis.

Administrative litigation, civil litigation, criminal litigation against corporations, and constitutional litigation are the four types of litigation. In this regard, significant lawsuits include Massachusetts v. EPA, Urgenda Foundation v. State of the Netherlands, and a constitutional appeal to the German climate protection law.

After the Urgenda case, climate litigation also began in Korea. The Framework Act on Low Carbon, Green Growth delegated reduction targets without presenting any standards in the enforcement decree, in violation of the principle prohibiting comprehensive delegation, and actual emissions rose as the reduction targets were not met. In addition to arguing that the administration's arbitrary reduction of timber prices violates environmental rights, it also raised the issue of intergenerational fairness. Professor Park emphasized the role of lawyers, stating that innovative jurisprudence is crucial and that impassioned lawyers can change the world by analyzing key climate litigation cases from around the world.