CCLR - Carbon & Climate Law Review

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The search returned 2 results.

Jacqueline Peel, Rebekkah Markey-Towler

Carbon & Climate Law Review, Volume 14 (2020), Issue 3, Page 177 - 186

Sovereign bonds – fixed-term loans from investors to governments with regular interest payments – are conventionally considered a safe form of investment. But a new class action filed in Australia, O’Donnell v Commonwealth, argues that even these investments will not be immune from the effects of climate change and that these risks ought to be disclosed to investors. This article examines the prospects of the case and its broader significance in advancing climate risk disclosure for investments. We argue that the O’Donnell case, building on existing trends in climate change litigation, has the potential to strengthen nascent jurisprudence on climate risk disclosure, while also extending that jurisprudence to the new field of investment in sovereign bonds.

Jacqueline Peel

Carbon & Climate Law Review, Volume 5 (2011), Issue 1, Page 15 - 24

Climate change is an urgent environmental problem yet many governments have struggled to develop an effective national regulatory response. Instead, environmental advocates have turned increasingly to courts for a solution, mounting ambitious climate change cases in countries such as Australia and the United States, as well as under international law. This article examines several cross-cutting issues that present challenges for potential litigants across the broad spectrum of climate change litigation. They include problems of proof, of dealing with cumulative and indirect impacts, and of establishing a significant contribution to global warming, as well as issues surrounding the respective roles of courts and legislatures in developing a regulatory response to the problem of climate change.

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