A farmer's climate lawsuit: RWE in court for global warming!
A farmer's climate lawsuit: RWE in court for global warming!
The climate lawsuit of the Peruvian small farmer Saul Luciano Lliuya against the energy group RWE takes a new turn. Lliuya has set itself the goal of moving the German company for financial participation in protective measures against global warming in its homeland. These measures are necessary due to the threat from a potential tidal wave from the Palcacococha glacier lake, which could endanger his house and village. The negotiation before the Higher Regional Court Hamm (OLG Hamm) takes place over two days, whereby two reports are discussed that the court commissioned to assess the situation on site. The legal dispute has been going on since 2015 and is not least characterized by the support of organizations such as germanwatch and the foundation.
lliuya shares RWE responsible for climate change, which causes considerable CO2 emissions by the operation of coal-fired power plants. This not only affects the global climate, but also on the melt of the glacier, which, according to the plaintiff, brings direct dangers to his life and habitat. RWE demands that RWE assume 0.47 percent of the cost of protective measures. This demand follows a failed first attempt at the Essen district court, which had rejected his civil law in the first instance.
plaintiff demands support from the location visit
A significant event in this legal dispute was the visit of experts and representatives of the OLG Hamm in Peru, which took place on May 25th. This was not only confirmed by lto.de , but was also a step to advance the evidence - which had been announced in 2020 - which had to be delayed due to the pandemic. The inspection of the place is crucial because it should help the lawyers to better understand the background of the case and make appropriate decisions.
In addition, Germanwatch announced a press conference on the health risks and the relevance of the lawsuit for climate protection, which is planned for May 30th. This is certainly discussed in a broader context in which international climate law cases play a central role.Legal challenges in the context of climate protection
The Lliuya lawsuit is in line with a growing number of climate laws that pursue the goal of holding the goal of holding companies and states for their role in climate change. Climate change is seen as an urgent global challenge that requires legal, political and scientific answers. Legal framework conditions nowadays evaluate the anthropogenic influence on the climate and to create legal opportunities to combat climate change.
In this context, the European Court of Human Rights (ECHR) recently granted a climate lawsuit by the "climate -based" against Switzerland. This decision is regarded as an important turning point in climate protection law and could be pioneering for similar complaints in other countries. Experts emphasize the need to strengthen legal mechanisms in order to enforce preventive measures against climate change and to identify failures as potential human rights violations, as is also described Jurawelt.comThis is how Saul Luciano Lliuya's lawsuit not only becomes a symbolic struggle for individual rights, but could also rely on extensive effects on the discussion about climate protection and law. Negotiations before the Hamm OLG and its outcome are therefore of great interest for many who pursue the development of climate protection law in national and international context.
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