Climate Change and the Judge as Water Trustee

摘要

Environmental law principles applicable to the impacts of climate change upon the water resources of future generations stand against the present rate of anthropogenic warming of earth. Guided by the environmental rule of law, the world judiciary is responding to humanity's struggle to limit global warming to well below two degrees above pre-industrial levels, as per the Paris Agreement, and in so doing avoid catastrophic consequences for the human race and the greater community of life with whom we share earth as home. Within the parameters of the environmental rule of law, judges strive to protect earth's water resources and its people from the impending consequences of ongoing human-induced carbon emitted at the present rate. Their decisions must be based on command of rapidly developing science and complete understanding of accelerating change in judicial precedent. The endeavor to reach a solution that avoids two degrees of warming is time-limited to no more than the year 2100, at present levels of emission. The men and women who are tasked as judges with the duty to decide the manner in which the environmental rule of law is applied to the most important social issue yet facing humanity will be greatly empowered by the instruction, support, and collaboration of environmental courts and the GJIE.