ClientEarth helps shape new laws and enforce old ones to protect the planet and its most vulnerable inhabitants.
ClientEarth’s interpretation of fiduciary duty has never been applied before, says Marjanac, but she is confident that will change. “Fiduciary duty is about prudent risk management. Human rights are about the inherent dignity of the individual. The crises of the modern world are the climate crisis and the biodiversity crisis. It’s only natural that the law will step up and adapt.
In September 2019, Marjanac presented a petition to the UN Human Rights Committee, a body of 18 legal experts that oversees compliance with the treaty and acts as a de facto court . The Australian government fought back. In August 2020, it asked the committee to dismiss the case, denying that climate change was impacting the human rights of the islanders, and that—because Australia is not the main or only contributor to global warming—the effects of climate change on its citizens are not its legal responsibility under human rights law.
Clarke and her team are helping the EU strengthen anti-deforestation legislation, and advising the Chinese Supreme Court on how to green up the Belt and Road Initiative. “We really know we’re winning when we’re at the point where all we need to say is, ‘Don’t make me write another letter,’” she says.
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